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HISTORY 



PROVINCE OF PENNSYLVANIA 



BY 

SAMUEL SMITH 



EDITED BY 

WILLIAM M. MERVINE 



PUBLISHED BY THE COLONIAL SOCIETY OF PENNSYLVANIA 




PBINTED BY 

J. B. tIPPINCOTT COMPANY 

PHILADELPHIA, PA. 

1913 






GUI 
The Eoelaiy 
OAV 13 I8{4 



NOTE BY THE EDITOR 



The History of the Province of Pennsylvania has been 
printed from Samuel Smith's manuscript in the library of 
The Historical Society of Pennsylvania. As an examination 
of his history of New Jersey indicates, this manuscript would 
have been carefully edited by the author before publication, 
but it has been deemed best to follow the orthography and 
punctuation of the original. 

The author divided his work into two parts, of which this 
is the first. The second part contains : The introduction, and 
some account of the religious progress of the people called 
Quakers therein, [Pennsylvania] including the like account re- 
specting the same people in New Jersey, as constituting one 
yearly meeting. This second portion was printed by Samuel 
Hazard in The Register of Pennsylvania, Volumes VI and 
VII, 1830-1831, with the exception of Chapters XVI and 
XVII, which were omitted as they contain nothing hut a 
letter from Elizabeth Webb, giving an account of her religious 
experience, to Dr. Boehm, and his reply, both of which have we 
understand been published in a pamphlet; and as directions 
are likewise given to the transcriber of Smith's MS. to omit 
copying them. 

Samuel Smith, the author of The History of the Province 
of Pennsylvania, was of Quaker stock, the great-grandson of 
Richard Smith of Bramham in the West Riding of York- 
shire, one of the original proprietaries of West Jersey and a 
signer of The Concessions and Agreements of the Proprietors, 
Freeholders and Inhabitants of the Province of West New 
Jersey, in America, 1676. 

He had by his wife Anne Yeates, Samuel Smith of Bram- 
ham, who settled in West Jersey in 1694, married EUzabeth 
Lovett, and was a member of the General Assembly for 
several years. 

Richard Smith Esquire, of Green Hill, BurUngton County, 



iv NOTE BY THE EDITOR 

New Jersey, son of the last named Samuel, was born in 
1699; he represented Burlington County in the General 
Assembly for nearly twenty years, married Abigail Rapier, 
and died in 1751. 

Samuel Smith the historian, son of the last named, was 
born in Burlington, December 13, 1720, a member of the 
Religious Society of Friends. He was educated at home, 
and at an early age served as a member of the Council and 
of the General Assembly of New Jersey. In 1768 he and 
his brother John, and Charles Read, were made custodians 
of the seals of the province, during the absence of Governor 
WilUam Franklin in England. Samuel Smith was treasurer 
of the Western Division of New Jersey from 1751 to 1775. 

He made a collection of materials for histories of New 
Jersey and Pennsylvania, and of the Society of Friends in 
those provinces. In 1765 he pubhshed, The History of The 
Colony of Nova-CoBsaria, or New Jersey; containing an Account 
of its First Settlement, Progressive Improvements, The Original 
and Present Constitution, and Other Events, To the Year 1721, 
with some Particulars Since; and A Short View of Its Present 
State. By Samuel Smith. Burlington, in New Jersey: 
Printed and Sold by James Parker: Sold also by David Hall, 
in Philadelphia. MDCCLXV. 

Mr. Smith married in November, 1741, Jane daughter of 
Joseph Kirkbride, by whom he had children, Joseph, Abigail, 
Sarah and Richard. He died at his residence. Hickory Grove, 
near Burlington, July 13, 1776. (Smith, The Burlington 
Smiths, 1877, pp. 101, 117, 209. Archives of the State of 
New Jersey. First Series. Volume IX, p. 394. Appleton's 
Cyclopcedia of American Biography. 1888.) 

William M. Mervine. 



THE HISTORY OF 

THE PROVINCE OF 

PENNSYLVANIA 



BY 

SAMUEL SMITH 



PREFACE 

My design in the following sheets was to secure to the 
public, an account of the original manner of settling with 
a regular connection of such principal transactions for the 
first forty years afterwards as I could obtain. I was at 
the conclusion of that period too young for much observa- 
tion: — the merit of this collection (if any) must consequently 
principally rest upon materials left by others: such of these 
as I have here and appeared to me sufl&ciently founded, 
and worthy of credit, either from publick notoriety or un- 
disputed memorials, original setlers, & records; or from 
probabilities supported by incidents, many of them appar- 
ently incapable of deception: — And nothing depending 
barely upon the memory of any man was adopted without 
caution; — The last however was but a small part. 

I give this short view of things merely to disclaim either 
merit or responsibility respecting the matters introduced; 
They are simply the product of such of the above materials 
as were fit for public use, and in the readers estimation 
must stand or fall as they appear to deserve; with regard 
to the propriety of the choice, I had the difiiculties to en- 
counter common on such occasions — ^A profusion of matter 
in some instances — scarcely sufficient in others: — I selected 
with the judgment I had and endeavoured to arrange with 
as much clearness and method and comprise them in as 
few words as I well could. 

To those acquainted with the original state of literature 
in the province, embarrassm*^ will readily occur in attempt- 
ing a particular view of all the persons materially concerned 
in the first improvements; — such of them as were active in 
legislation fell in course to mention — Not many others are 
or could be properly introduced in the first part — let it 
suffice that the early setlers in general, tho' not many of 

vii 



Vlll PREFACE 

them men of learning or science, were known to be people 
of reputation and credit. They went through many hard- 
ships to improve the country, and did it on their own ex- 
pences, at least without much charge or diflficulty to the 
parent-state. Some of them brought effects to a considerable 
value, some spent them in improvements, others gained, and 
of these a large number, their children feel it, and are or prob- 
ably may be as happy as their own economy will allow. 

I have remarked somewhere in the History on the incon- 
venience of descending minutely into the particulars of 
several of the later sessions of Assembly; A deference to 
general sentiments seemed to dictate such a caution, both 
to avoid a sameness of matter and for the reason then 
given, that their proceedings are now printed, so that any 
additional satisfaction on the subjects treated of, is easily 
had. The more material parts give a general view of the 
times, and mark events and characters with a degree of 
precision and exactness not to be expected elsewhere, & 
were therefore thought sufficient to answer the purposes 
of this part of the undertaking. 

An account of the natural curiosities and Botanical dis- 
coveries; and of the many fine improvements in Building 
and other works of convenience and charity, with a partic- 
ular Geographical description of the Counties, Towns, and 
Districts throughout the province, might be an acceptible 
present abroad, but to do it eJBfectually would require a 
skill in and turn to the business that I have not, and more 
time and labor (If I had) than could now be spared. — They 
who clear a road through this naturally rough country 
commonly mean it only for use till a better is provided; 
this first attempt towards a History of that flourishing 
province so far as it goes, may at least furnish materials — 
perhaps otherwise excite to a more compleat & finished work. 

In writing for the pubUc, espescially in attempt^ any- 
thing new, diffidence is natural — success may be deserved — 
Anxiety will not always command it — He who, after having 



PREFACE IX 

done his best can presepx a Philosophical indifference in 
the hour of experiment may remain equally unconcerned 
as to events & solicitude, as for one I must own I have upon 
this occasion both a wish and a hope, but yet after having 
submitted involuntary errors to the candor of the public 
will endeavor to be content with the service I aim'd at, be 
it less or more as it happens to prove. — 

With respect to the progress of Friends as a religious 
Society, tho there is reason to conclude it was very early 
under the consideration of the first Settlers to have their 
history composed, nothing appears on the Yearly Meeting 
records relative thereto till the year 1727 when some Papers 
that Caleb Pusey had preserved were by his order (after 
his decease) laid before the meeting for public service as 
opportunity to use them offer'd by such as might be capable 
and willing to undertake the business. 

In 1728 the said Papers coming under the consideration of 
the Yearly Meeting, and many Friends appearing desirous to 
have such a history carried on, the meeting ordered the Papers 
to be deliver'd to David Lloyd, who offer'd himself to that 
service : He with Isaac Norris were desired to view, and con- 
sider them, and make what progress they could therein. 

In their hands the papers remained till the next year, 
when they were brought to the meeting again, w*^ a report 
that nothing was done therein, and thus it rested till the 
year 1734, when a request coming from Burlington Quarterly 
Meeting to be informed what progress was made it came 
under consideration again, & Isaac Norris informed the 
Meeting he had delivered the Papers lodged with him on 
that account to James Logan, who (he said) discovered 
some inclination to undertake that affair, John Kinsey was 
thereupon desired to speak with him on that subject, and 
to request his undertaking it, if he was so inclined, but if 
otherwise, to deliver him the papers. 

At the meeting in 1735 John Kinsey reported that James 
Logan delivered to him the said Papers, on which, that meet- 



X PREFACE 

ing desired Samuel Preston, William Hudson, Robert Jones, 
Job Goodson, Caleb Raper, and the said John Kinsey to re- 
view those papers, and make report thereof to the next yearly 
meeting, and in the mean time they were desired to collect 
any further materials they might think necessary. — 

The yearly meeting in 1736 received an Epistle from Ben- 
jamin Holmes urging it, and John Kinsey also now report- 
ing he had pursuant to the minute of last Meeting perused 
the Papers formerly Caleb Pusey's; and made a collection of 
divers materials proper for the composing such an Account of 
the settlement of these Provinces as Friends were desirous of. 

He was therefore continued in the service, and so re- 
mained till his death. Multiplicity of other business prob- 
ably prevented him from doing much on the subject, and 
since his death it has too long suffered in the same way, 
however, not without gaining from time to time additional 
materials of considerable use. — 

The relation of such Friends of the Ministry as came to 
visit these colonies from Europe may I believe be looked 
upon nearly complete, but of such who came from the 
adjacent provinces, or travel'd from here, there, so much 
cannot be said, nor with regard to the deaths of such of the 
setlers who deserved mentioning: The account of these is 
rather imperfect, nor will it be wondered at, when the dis- 
tance of time, and the difficulties of this part of the work is 
considered, for there was very little help of this kind from 
any regular records : I was obliged to collect them here and 
there wherever they could be got, hence it was that so few 
besides those who had been in some public service or em- 
ployment could be found. — 

The account of the settlement of Meetings in these prov- 
inces is more, or less particular according to the informations 
I received about them, and tho' it may be sufficient to answer 
the design of its being pubUsh'd, it is not quite so circum- 
stantial, nor in some parts so intelligible as could have been 
wish'd. 



TABLE OF CONTENTS 



CHAPTER I. 
William Penn Petitions for, and is Invested with the Soil and 
GovERNMEN'T— King Charles IId's Declaration in Consequence 
Thereof— An Account op the Country, and Terms of Settle- 
ment—Arrivals OF Settlers— William Penn's Letter to the 
Indians— Publishes the First Frame of Government— Sets Sail 
FOR the New Country — Meets the First Assembly — Sundry 
Laws Passed — His Reason for Accepting the Administration . 3 

CHAPTER II. 
Difficulties of the Settlers— A Peace concluded with the Indians, 
AND Lands Purchased of Them— Their Great Affection for 
William Penn— He Lays out the City of Philadelphia— Meets 
THE Council and Assembly- A Charter Concluded on ... 16 

CHAPTER III. 
A New Proposal to Restrain the Indians from Intemperate Drink- 
ing — An Appointment to the Administration of Government — 
Commission of the Three Provincial Judges — ^William Penn 
Returns to England— His Epistle from the Ship. Report op 
the King in Council Relating to the Dispute w''' Lord Balti- 
more—An Order Thereupon— Lines Between the Counties of 
Bucks, Philadelphia and Chester— Impeachment and Censurb 
OF Nicholas Moore— An Alarm of Mischief from the Indians- 
Captain John Blackwell Arrives, Govern'— Some Account of 
Him — His Instructions 26 

CHAPTER IV. 
William Penn Deprived of His Governmen't— A New Governor 
Appointed by the Crown, the Public Proceedings During this 
Administration 



39 



CHAPTER V. 
The Public Proceedings During the Administration of Governor 
Fletcher, Continued ^9 

CHAPTER VI. 
William Penn Restored to His Government — Sends a Commission 
TO W" Markham, to be His Lieutenant Governor — The Petition 
of Right so called, as Agreed on by the Assembly in Fletcher's 
Administration ^^ 



XU TABLE OF CONTENTS 

CHAPTER VII. 
William Markham LiEtfTENANT Governor — Copy of His Writ to 
Summon the Assembly — Remonstrance from the Assembly to 
Him — The Third Frame of Government — Relief for the Albany 
Indians — William Penn with His Wife and Family Arrive — He 
Meets the Assembly — Agrees with Them upon a Charter — His 
Speech to Them — The Assemblys Address — Grants the City of 
Philadelphia Their Charter — He Returns to England — Leaves 
THE Government under Care of Andrew Hamilton 62 

CHAPTER VIII. 
John Evans Arrives, Lieutenant Governor — With the Cause, and 
Manner of the Province and Territories being Divided so as 
to Compose Assemblies Independent on Each Other 73 

CHAPTER IX. 

Governor Evans Meets the First Assembly at New Castle — His 
Proclamation to Raise a Militia — Calls an Assembly of the 
Province — His Speech — Their Reply — The City of Philadelphia 
in Great Commotion by an Alarm of the Enemy Coming up the 
River — Particulars of the Fort at New Castle — Richard Hill 
Breaks the Way for a Free Navigation — The Assembly Address 
Evans on the Subject 84 

CHAPTER X. 
The Administration of Governor Evans Grown Extremely Dis- 
gustful — The Assembly Remonstrate Against Him to the Pro- 
prietary — Evans Reqihres them to Lay It Before Him — Their 
Reply — Evans's Speech to the Succeeding Assembly, Their 
Answer — Evans Sends a Paper to the House by Two of His 
Council — Their Resolves upon It 97 

CHAPTER XL 
Governor Evans Calls the Assembly — Strenuously Recommends 
Measures of Defence — The Assembly's Reasons for Non- 
Compliance — The Governor Replies by Two of His Council — 
The Assembly's Answer 110 

CHAPTER XII. 

Evans Removed from the Government — Charles Gookin Esq'' Suc- 
ceeds Him — The Assembly then Sitting Congratulate Him, and 
Lay Before Him Sundry of Their Grievances — The Proprietors' 
Character of Gookin — Substance of Gookin's Speech to the 
Assembly of 1709 — Op tee Assembly's Address — An Address of 
the Council to Gookin — The Assembly's Reply to It ... 125 



TABLE OF CONTENTS XIU 

CHAPTER XIII. 

Summary of Disputes Between Gookin and the Assembly on Several 
Subjects 140 

CHAPTER XIV. 
The Disputes Between Gov Gookin and the Assembly Continued 152 

CHAPTER XV. 

The Assembly's Address to K : George the First on His Accession 
TO THE Throne — Representation of the Assembly to Governor 
Gookin — His Last Message to the Assembly — Sir W" Keith 
Arrives and Takes upon Him the Government 165 

CHAPTER XVI. 
An Account of the Menonists and Swenckfelders 168 

CHAPTER XVII. 
Of the Dunkards or Dxtmplers — and op the Moravians 180 

CHAPTER XVIII. 
Sir William Keith's First Speech to the Assembly — Their Address 
TO Him — Substance of Others at a Succeeding Session — The 
Joint Representation of Governor and Assembly to the King 
on the Subject of the Affirmation — Keith's Speech at the 
Conclusion op that Assembly — Death of the Proprietary 
William Penn 198 

CHAPTER XIX 
Speeches and Messages Between Sir W" Keith and the Assemblies 
IN THE Years 1718 and 1719 — He Establishes a Court of Chan- 
cery — His Proclamation for that Purpose 209 

CHAPTER XX. 
Keith Recommends the Appointment of a Provincial Agent — The 
Assembly go into the Nomination — His Speech to the Assembly 
of 1721 — Their Address to Him — He Continues in the Govern- 
ment TILL 1726 — A Short Sketch of His Character — His Death — 
Account of Governors Since, Down to the Present Time — The 
Deaths and Characters of a Number of the Principal In- 
habitants 218 



THE HISTORY 

OF THE 

PROVINCE OF PENNSYLVANIA 

CHAPTER I. 

William Penn Petitions for, and is Invested With the Soil and Gov- 
ernment: K. Charles IId's Declaration in Consequence Thereof. 
An Acco'. of the Country, & Terms of Settlement. Arrivals of 
Setlers. William Penns Letter to the Indians: Publishes the 
First Frame of Government: Sets Sail for the New Country: 
Meets the First Assembly. Sundry Laws Passed: His Reason for 
Accepting the Administration. 

Seldom does an act of humanity and kindness go without 
its reward in one shape or other — sometimes it hath con- 
sequences quite unexpected. Edward Byllinge, the original 
proprietor of West-Jersey under purchase from lord Berk- 
eley, had got into difficulties so as to dispose him to assign 
his estate for the benefit of his Creditors, and prevailing 
upon William Penn to be one of his trustees; in the execu- 
tion of this trust it was that he became one of the principal 
promoters of the settlement of West-Jersey, and by his 
concerns there from about the year 1665 He seems to have 
first gained the knowledge of that more considerable tract 
of land, of which he afterward became the sole proprietor 
and which is only divided from New Jersey by the river 
Delaware; — he had a right to claim a considerable sum of 
money due to the admiral his father, as well for sums act- 
ually advanced for the sea service, as for arrearages in his 
pay. He petitioned King Charles the second, in the sum- 
mer 1680, praying that in consideration thereof, letters 
patent might be granted to him for a tract of land in Amer- 
ica, lying North of Maryland, on the east bounded with 
Delaware River, on the west limited as Maryland, and 

3 



4 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

northward to extend as far as plantable: This was first 
laid before the privy council, then the lords, committee for 
trade and plantations; and after several meetings upon the 
occasion, in which the objections from the duke of York, 
by his agent Sir John Werden, as proprietor of that tract of 
land, since called the counties of New-Castle, Kent & Sussex; 
& lord Baltimore, proprietor of Maryland, were fully heard 
and debated: Lord chief Justice North, and S' W™ Jones 
the attorney-general being also consulted, both as to the 
thing and the manner of doing it: The matter was at 
length resulted in William Penns favor, and he accordingly 
was invested with the soil and government of all that tract 
of land, now called Pennsylvania:^ The Kings declaration 
to the inhabitants and planters of the province of Pennsyl- 
vania in consequence of it, was as followeth. 

"Chakles R. 

"Whereas his majesty in consideration of the great 
merit and faithful services of Sir William Penn deceased, 
and for divers other good causes, him thereunto moving 
hath been graciously pleased by letters patent, bearing date 
the fourth day of March last past, to give and grant unto 
William Penn Esq: son & heir of the said Sir William Penn, 
all that tract of land in America, called by the name of 
Pennsylvania, as the same is bounded on the east by Del- 
aware river, from twelve miles distance northward of New 
Castle : town, unto the three and fortieth degree of northern 
latitude, if the said river doth extend so far northward, 
and if the said River shall not extend so far northward, 
then by the said river so far as it doth extend, and from the 
head of the said river the eastern bounds to be determined 
by a meridian line to be drawn from the head of the said 
river, unto the said three and fortieth degree, and the said 

' The Grants, Charters, Concessions, Framd Laws &c being already in 
the hands of the public, it was thought unnecessary to reprint them here — 
See Penns* Laws, Votes &c. Vol. I. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 5 

province to extend westward five degrees in longitude, to 
be computed from the said eastern bounds, and to be 
bounded on the north by the begining of the three and 
fortieth degree of northern latitude, and on the south by a 
circle drawn at twelve miles distance from New Castle 
northwards, and westward unto the begining of the for- 
tieth degree of northern latitude, and then by a streight 
line westward to the limit of longitude above mentioned: 
Together with all powers, preheminencies and jurisdictions 
necessary for the government of the said province, as by 
the said letters-patent, reference being thereunto had, doth 
more at large appear. 

" His Majesty doth therefore hereby publish and declare 
his royal will and pleasure, that all persons settled or in- 
habiting within the limits of the said province do yield all 
due obedience to the said William Penn his heirs and assigns, 
as absolute proprietaries and governors thereof, as also to 
the deputy or deputies, agents or lieutenants, lawfully 
commissioned by him or them, according to the powers 
and authorities granted by the said letters patent, where- 
with his majesty expects & requires a ready compliance 
from all persons whom it may concern as they tender his 
majesty's displeasure. 

'' Given at the court at Whitehall, the second day of April 
1681, in the three and thirtieth year of our reign 
"By his majesty's command 

"Conway." 

William Penn being now by royal authority invested 
with the soil and government of Pennsylvania, soon pub- 
lished an account of the country, with the Kings patent 
and other papers relating thereto, describing the situation 
& soil and what it produced, as well as he then could, and 
proposing an easy purchase of lands,^ and good terms of 

•" The terms were forty shillings sterling, for a hundred acres, and one 
shilling a year forever. 



6 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

settlement for such as might incHne to transport themselves, 
summing up the whole with this christian caution. ''To 
conclude (says he) I desire all my dear country-folks, who 
may be inclined to go into those parts, to consider seriously 
the premises, as well the present inconveniency as future 
ease, and plenty, that so none may move rashly or from a 
fickle but solid mind, having above all things an eye to the 
providence of God in the disposing of themselves, and I 
would further advise all such, at least to have the permis- 
sion, if not the good liking of their near relations, for that 
is both natural, and a duty incumbent upon all, and by 
this means, will natural affections be preserved, and a 
friendly and profitable correspondence, between them, in 
all which I beseech almighty God to direct us, that his 
blessing may attend our honest endeavors, and then the 
consequence of all our undertakings will turn to the glory 
of his great name, & all true happiness to us, and our pos- 
terity. Amen." 

Upon publishing these proposals, a great number of pur- 
chasers soon appeared, from London, Liverpool, and es- 
pecially about Bristol, among these were James Claypoole, 
Nicholas Moore, Philip Ford and others who formed a 
company, and having purchased 20,000 acres of land, they 
published articles of trade, and soon afterwards put them 
in execution, by entering into sundry branches, which were 
improved upon by other hands; and the proprietor having 
now sold a considerable quantity of land, the next step was 
with the purchasers to agree upon a constitution of govern- 
ment, which was concluded on as stipulated in the first 
concessions. 

The first or one of the first ships that arrived now about, 
was called the John & Sarah, of London, Henry Smith 
commander: In the latter part of this year, two ships 
were fitted out, one from London, the other from Bristol, 
to carry passengers to the new purchase. That from Lon- 
don was caird the Amity, Richard Dimon Master, she 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 7 

was blown off to the West Indies, & did not arrive at Penn- 
sylvania, 'till the spring of next year. — That from Bristol, 
was called the Bristol Factor, Roger Drew master, — she 
arrived at Chester the 11th of December this year, the 
passengers saw three or four houses & ventured to hawl 
ashore at Robert Wades landing, 'joining Chester Creek, 
on the lower side, and the river having froze up that night 
they remained there all winter. William Penn from a 
motive of Justice as well as to secure the new planters from 
the native Indians who in some other provinces, being in- 
juriously dealt with, had made reprisals to the loss of many 
lives, gave orders to treat them with all candor and hu- 
manity, and appointing his cousin WilHam Markham to be 
his deputy governor, joined with him, commissioners to 
confer with them about land, and to confirm a league of 
peace, by whom in one of those ships he also sent them the 
following letter: 

''London, the IS^^^ of the 8*^ month 1681. 
"My friends, 

"There is a great God and power, that hath made the 
world and all things therein, to whom you, and I and all 
people owe their being, and well-being, and to whom you 
and I must one day give an account for all that we do in 
the world — This great God hath written his law in our 
hearts, by which we are taught and commanded to love 
and help and do good to one another — Now this great God 
hath been pleased to make me concerned in your part of 
the world, and the King of the country where I live hath 
given me a great province therein, but I desire to enjoy it 
with your love and consent, that we may always live to- 
gether as neighbours and friends, else what would the great 
God do to us, who hath made us not to devour and destroy 
one another, but to live soberly and kindly together in the 
world, now I would have you well observe, that I am very 
sensible of the unkindness & injustice, that hath been too 



8 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

much exercised towards you by the people of these parts 
of the world, who have sought themselves and to make 
great advantages by you, rather than to be examples of 
goodness and patience unto you, which I hear hath been a 
matter of trouble to you, and caused great grudgings & 
animosities, sometimes to the sheding of blood, which hath 
made the great God angry, but I am not such a man, as is 
well known in my own country. I have great love and 
regard towards you, and I desire to win and gain your love 
and friendship, by a kind, just, and peaceable life, 'and the 
people I send are of this same mind, and shall in all things 
behave themselves accordingly, and if in anything, any 
shall offend you, or your people, you shall have a full and 
speedy satisfaction for the same, by an equal number of 
just men on both sides that by no means you may have 
just occasion of being offended against them. I shall 
shortly come to you myself, at what time we may more 
largely and freely confer and discourse of these matters, 
in the mean time I have sent my commissioners to treat 
with you about land, and a firm league of peace: Let me 
desire you to be kind to them, & the people, and receive 
these presents and tokens, which I have sent you, as a 
testimony of my good will to you, and my resolution to 
live justly, peaceably, and friendly with you. 

"I am, your loving friend 

"William Penn." 

In these ships, William Penn sent divers servants; Among 
the passengers were John Otter, Nathaniel Allen, and Ed- 
mund Lovett, with their families. Among the servants in 
one of those ships was Joseph Kirkbride, then a lad, who 
afterwards proved one, among many instances that are 
now to be found in families of some consequence in the 
province, that where a proper care and conduct was fol- 
lowed, original difficulties of that kind were rather the 
means of improvement than otherwise. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 9 

In the beginning of the year 1682, W. Penn publishd his 
frame of government, and in the month following certain 
laws being agreed upon by himself and the purchasers 
under him, they were also published." 

The time was now nearly come in which W. Penn had 
determined to make a voyage to the new country himself, 
having spent some months in settling his affairs in England, 
particularly in first obtaining the duke of Yorks title to that 
tract of land, since called the three lower Counties, which was 
at length effected, according to the deeds for that purpose.*^ 

Directly after obtaining these deeds, W. Penn prepared 
for his voyage and in the month called July, this year, 
accompanied with divers of his friends took shipping in the 
Wellcome, of about 300 Tons burthen Robert Greenaway 
Commander, and on the 30th of the same month he writ 
from the Downs, A farewell to England, being an epistle, 
containing a salutation to all faithful friends, during the 
voyage his fellow passengers found their account in having 
his company, many of them fell sick with the small pox, 
and about 30 died, however, after a prosperous voyage of 
about six weeks, they came within sight of the American 
Coast, supposed to be about Egg-harbor. The number 
that at first came on board, were about one hundred per- 
sons, mostly Quakers, but some others, the greater part 
came from Sussex, which was the proprietors place of resi- 
dence, sailing up the Delaware, the inhabitants, as well 
Dutch and Swedes,*' as English, met W. Penn, with demon- 
strations of joy; he landed at New Castle, and the next day 
after his arrival, he had the people summoned together at 
the Court House, where possession was legally given him, 
after which, he made a speech to the old magistrates, and 
the people, signifying to them, the end of his coming, the 

•= Votes, p: xxvii. to p: xxxv. 
* Votes, p: xxxv. &c. 

® The reader desirous of seeing a particular account of the settlement of 
the Swedes and Dutch here, is refer'd to the author's history of New Jersey. 



10 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

nature and end of government, and of that more especially 
which he came to establish — assuring them of their spiritual 
and temporal rights — liberty of conscience, and civil free- 
doms; and recommending to them to live in sobriety and 
peace one with another. He renewed the magistrates com- 
missions, and then went from thence to Upland or Chester, 
where the fourth of the tenth month in this year (about 
three months after his sailing from England) he called an 
Assembly, which consisted of equal numbers from the prov- 
ince and territories, that is from both, as many of the free- 
men, as thought fit to appear, according to the sixteenth 
article of the frame of government.^ This assembly chose 
Nicholas Moore president of the free society of traders, 
chairman, or speaker and proceeding to business, received 
as ample satisfaction from the proprietor, as those at New 
Castle had done, of which they made him a thankful ac- 
knowledgment, and the Swedes on their part deputed 
Lacy Cock to acquaint him, they would serve, love and obey 
him, with all they had, declaring that it was the best day they 
ever saw — at this assembly New Castle was annex'd to 
Pennsylvania, the Act for that purpose, and the Act of 
settlement may be seen. Appendix to the Votes, p : 1 and 2. 
After this the Dutch and Swedes, and such other for- 
eigners as were among them, were now also naturalized, 
and all the laws that had been agreed upon in England, 
were passed in form — some were more fully worded, and 
not withstanding the variety of dispositions, sentiments of 
love and candor prevaild: — the meeting continued three 
days, the heads of the laws agreed to, were as follow: 
1. Of liberty of conscience. 2. Qualification of officers &c. 
3. Against swearing by God, Christ or Jesus. 4. Against 
swearing by any other thing or name. 5. Against speaking 
profanely of God, Christ, spirit, or scriptures. 6. Against 
cursing. 7. Against defiling the marriage-bed. 8. Against 

'This was doubtless calculated that the fundamentals of government 
might be ascertain'd to general satisfaction. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 11 

incest. 9. Against sodomy and beastiality. 10. Against 
rape or ravishment. 11. Against bigamy. 12. Against 
drunkenness. 13. Against sufferers of drunkenness. 14. 
Against health-drinking. 15. Against selling or exchang- 
ing of rum, brandy or other strong liquors to Indians. IG. 
Against wilful firing of houses. 17. Against breaking into 
or taking anything out of houses. 18. Lands and goods of 
thieves and felons &c., liable &c. 19. Against forcible 
entry. 20. Against unlawful assemblies and riots. 21. 
Against assaulting and menacing of parents. 22. Against 
assaulting and menacing of magistrates. 23. Against 
assaulting & menacing of masters. 24. Against assault and 
battery. 25. Against duels. 26. Against riotous sports 
and practices, as prizes &c. 27. Against playing at cards, 
dice, lotteries &c. 28. Against sedition. 29. Against 
speaking slightingly, or abusive carriage against magis- 
trates or officers. 30. Against reporters, defamers, and 
spreaders of false news. 31. Against clamorous persons, 
scolders, and railers. 32. Provision for the poor. 33. 
Prices of beer and ale. 34. Measures and weights. 35. 
Names of days and months. 36. Witnesses dying. 37. 
Pleadings, processes, and records to be in English. 38. 
Trials in civil and in criminal matters. 39. Fees, and sal- 
aries, bribery, and extortion. 40. Fines to be moderate &c. 
41. Numerous suits avoidable. 42. Arrest of a person de- 
parting the province, how. 43. Promises bargains, and 
agreements. 44. Charters, gifts, grants, conveyances, bills, 
bonds and specialties, deeds, and how soon to be recorded. 
45. Wills shall convey land as well as chattels. 46. Will 
of non compos mentis void. 47. Registry for wills. 48. Reg- 
istry for servants &c. 49. Factors and their employers. 
50. Against defacers, corrupters, and embezlers of charters, 
conveyances and records &c. 51. How lands and goods 
shall pay debts. 52. What persons are bailable. 53. Goals 
and Goalers. 54. Prisons shall be workhouses. 55. Wrong- 
ful imprisonment. 56. Where the penalty is either a sum 



12 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

of money or imprisonment, the magistrate shall inflict 
which he will. 57. Freemen, who. 58. Elections. 59. No 
money or goods by way of tax, custom, or contribution, to be 
raised or paid but by law. 60. Law's shall be printed and 
taught in schools. 6 1 . All other things not provided for herein, 
refer'd to the governor and freemen from time to time. 

After the adjournment of this assembly, W. Penn went 
to Maryland, and was there kindly received by lord Balti- 
more, and the chiefs of the colony — they held a treaty 
about setling the bounds of their provinces, but the season 
of the year not admitting the conclusion of that business, 
after two days conference he took his leave, lord Baltimore 
accompanied him three miles, to the house of William Rich- 
ardson, from thence W. Penn went two miles farther, to a 
meeting of his friends at the house of Thomas Hooker, and 
afterwards forwarded his journey to Choptank, on the 
eastern shore, where was to be an appointed meeting of 
people of several ranks and qualities. Thus he proceeded 
to settle his government and province, and to establish a 
good correspondence with his neighbours, "nor was" says 
the author of his life "the advancement of himself or family 
in worldly wealth and grandeur his aim in the administra- 
tion of government, but in the greatest honour of his public 
station, he still retain'd the meekness and humility of a 
private christian, the sincerity of his intentions, and with 
what zeal and ardor he pursued a general good, are best 
expressed by his own words in a letter to a person who had 
unduly reflected on him, viz : 

"My old feiend, 

" I would speak largely of Gods dealings with me in 
getting this thing what an inward excercise of faith and 
patience it cost me in passing; the travail was mine as well 
as the debt and cost, through the envy of many both pro- 
fessors, false friends, and profane — My God hath given it 
me in the face of the world, and it is to hold it in true judg'- 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 13 

ment as a reward of my sufferings, and that is seen here, 

whatever some despisers may say or think. — The place 

God hath given me, and I never felt judgment for the power 

I kept, but trouble for what I parted with. It was more 

than a worldly title or patent that hath clothed me in this 

place. Keep thy place, I am in mine, and have served the 

God of the whole earth since I have been in it, nor am I 

sitting down in a greatness that I have desired, I am day 

and night spending my life, my time, my money, and am 

not six pence enriched by this greatness costs in getting, 

setHng, transportation, and maintenance now in a public 

manor at my own charge duly considered, to say nothing of 

my hazard, and the distance I am at from a considerable 

estate, and which is more, my dear wife and poor children. 

Well — the Lord is a God of righteous judgment, had I 

sought greatness, I had staid at home, where the distance 

between what I am here, and was offerd and could have 

been there in power and wealth is as wide as the places 

are — No, I came for the Lords sake, and therefore have I 

stood to this day well and diligent, and successful, blessed 

be his power. Nor shall I trouble myself to tell thee what 

I am to the people of this place — In travels, watchings, 

spendings, and my servants every way freely (not like a 

selfish man) I have many witnesses — To conclude it is now 

in friends hands, through my travail, faith and patience it 

came. If friends here keep to God, and in the justice, 

mercy, equity, and fear of the Lord, their enemies will be 

their footstool, if not, their heirs, and my heirs too, will 

loose all, and desolation will follow; but blessed be the Lord, 

we are all well, and live in the dear love of God, and the 

fellowship of his tender heavenly spirit, and our faith is 

for ourselves and one another, that the Lord will be with 

us a king, and a counsellor forever. 

" Thy ancient, tho' grieved Friend 

''William Penn." 
"Chester, 5th of the 12*'^ mo: 1682." 



14 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

The passengers that came in the same ship with W. 
Penn, were of themselves a large number, and divers other 
ships coming about the same time, the country near Del- 
aware, was in a manner peopled at once, the settlers dis- 
persing themselves up and down the province, according 
to the alotments of their different shares of land, of which 
the curious reader may see a particular account in Greens 
map of Pennsylvania, it thereby became very soon peopled 
from the Falls to Chester, about fifty miles distance on 
the river Delaware, near which they generally chose their 
first settlements, their first care was to keep up religious 
worship, in the different parts of the province whereon they 
settled, those of them who had fixed near where the City 
was to be, first met at the houses of the inhabitants, but 
soon built a boarded meeting house, and having by their 
general conduct gaind great reputation, both as to religion 
and civil police it drew many settlers thither. 

In this, and the two succeeding years, there arrived ships 
with passengers from London, Bristol, Ireland, Wales, 
Cheshire, Lancashire, Holland and Germany &c., to the 
number of about fifty sail. Among those from Germany, 
where some friends from Krisheim, a town not far from 
Worms in the Palatinate, some families there being early 
convinced of the principles of the quakers, by the preaching 
of William Ames, had there borne a public testimony for it 
until now, when they unanimously came to Pennsylvania, 
not as it seemed without a singular direction of providence: 
for, not long after, a war ensued in Germany where the 
Palatinate was altogether laid waste by the French, and 
thousands of people were bereft of their possessions and 
reduced to poverty.^ 

Many of the passengers in the ships above, brought ser- 
vants, they were generally persons of reputation, and they 
had forethought enough to bring many of the necessaries 

8 Sewels History p. 202. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 15 

of life, both of food and raiment, till with care and industry 
they could raise subsistence here, and besides what was 
wanting for food and raiment, they brought household goods 
and implements — husbandmen, those for husbandry — and 
tradesmen the tools of their trade, most of them were of 
those called Quakers, and many of the early stock, some 
also of that profession among the Welsh, having early pur- 
chased of the proprietor in England forty thousand acres 
of land, many of them came over about this time and took 
up so much of their purchased land, to the westward of 
Schuylkill river, as made the three townships of Merrion, 
Haverford, and Radnor, and in a few years afterwards they 
were increased so considerably as to have settled three 
townships more, viz: Newtown, Goshen, and Uwchland, all 
which are since increased and they are now a numerous 
and florishing people. 



CHAPTER II. 

Difficulties op the Settlers — A Peace Concluded With the Indians, 
& Lands Purchased of Them — Their Great Affection for William 
Penn — He Lays Out the City of Philadelphia — Meets the Council 
AND Assembly — A Charter Concluded on. 

1682. The coming in of so many sellers in two or 
three years, must, notwithstanding their provision from 
home, very much incommode one another, respecting 
eatables, the people they found settled there, tho' they 
were a considerable help to them, being but few and 
most of them but lately come, could not be supposed 
to have much provision to spare, this, considered with 
the little House-room to be had, we may readily imagine 
them exposed to many straits and difficulties, for here 
were not only men of the more hardy sort, regardless 
of accommodations, but those advanced in years, and 
TFomen and children, many of whom had lived in ease 
and plenty. When the purchasers landed they got war- 
rants, and took up, that is, surveyed, what land was 
immediately sufficient for setling, and getting their goods 
on shore, those that could, crowded them into some 
house, or out-house for a while, others went directly 
further into the woods, to the different places where 
their lands were laid out, some probably without path 
or road to direct them; of these there were scarce any 
to be found, two miles from the water side, or sign of 
any European's having been there, as to the Indians, 
they seldom traveled so regularly, as to be followed by 
footsteps, except perhaps, from one of their towns to 
another; their huntings were rather like ships at sea, with- 
out track or path, so that all further than about two 
miles back (excepting the Indians movable settlements) 
was a wilderness, the earth producing little spontaneously 

16 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 17 

to sustain the life of man, but nuts and berries, which 
were the support of the native birds and beasts. The lodg- 
ings of some of the first settlers, were in the woods, and 
a chosen tree all their shelter, this sometimes happened 
late in the fall or winter; in a little time they either got 
caves in the earth, or huts above it, but as timber was 
plenty, they soon found a way to make better houses. — 
These difficulties however, and others of a Hke sort were 
discouragements. Europeans generally speaking had then 
but very little notion of improvements among woods; 
indeed, to come from an open improved country, and 
stationed as they were in a wilderness it is not to be 
wondered at— the frightful look of land in the rough from 
whence they were to get their bread and that without 
road or bridge in many places and full of wood, this to 
be cleared, and that effected by labor, before things 
could be brought to any tolerable order, but the soil 
was fertile, the air mostly clear, & the streams of water 
were good and plentiful, and materials for building were 
to be met with in abundance.— And as they were a 
religious people, who knew their views to be good and 
that Industry was necessary they accordingly went cheer- 
fully to work in cultivate the land, and so made way 
for a crop of Indian corn, the succeeding spring. In a 
year or two they began upon wheat and other grain, 
and thus went on improving, till, having got things com- 
fortably about them, many of them lived to old age, 
often recollecting and speaking of the favours of Divine 
Providence in preserve them thro' the difficulties they 
encountered in the first settlement : — 

W. Penn being now return'd from Maryland to Coaqua- 
nock, which was the Indian name of the place, where the 
city of Philadelphia stands— continued an amicable cor- 
respondence with the natives, of whom he began to purchase 
land, and by personal conference, concluded a firm peace 
with them, they mutually promised to live together as 

2 



18 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

bretheren, without doing the least hurt or wrong to each 
other, this was solemnly ratified by the usual token of a 
chain of friendship, and covenant indelible never to he 
broken, so long as the sun and moon endure. Of this kind 
of conference he had afterwards many others, and some 
on a religious account, both the first and last time of his 
being in the country, to whom his conduct in general 
was so engaging, his justice in particular so conspicuous, 
and the council he gave them, so evidently for their 
advantage, that it greatly endeared him to them, and 
has left such impressions among them, that his name & 
memory will scarcely ever be effaced while they continue 
a people. That they retain these things, and hand them 
by tradition from father to son, many instances have 
since shewn, of which one was in 1721 in a conference 
between Sir WilUam Keith, the then governor of Penn- 
sylvania, and the five nations at Conestogo. Their chief 
speaker with countenance of great respect said, they should 
never forget the council that William Penn gave them, and 
that, tho' they could not write as the English did, yet they 
could keep in memory what was said in their Councils, 
the treaty renewed in the year following at Albany, they 
mentioned the name of William Penn with great affection, 
calling him a good man, and as their highest compliment 
to Keith, used this expression, We esteem and love you, as 
if you were William Penn himself, telling him, Brother 
Onas, (which in their language signifies a pen, by which 
name they call the governors of Pennsylvania since it was 
first settled by Penn) . We are glad to hear the former treaties 
we have made with William Penn, repeated to us again, and 
renewed by you. And the governor replying that he desired 
this visit and the covenant chain which is hereby brightened 
may be recorded in everlasting remembrance to be sent 
down to your and our children, and to our children's children, 
to last as long as the mountains and rivers, the sun and 
moon endure. They answered. We desire that peace and 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 19 

tranquility that is now established between us, may be as 
clear as the sun shining in its lustre without any Cloud 
or darkness, & that the same may continue forever. These, 
of many, are a few instances to shew they retain'd 
their first impressions, and the sense they had of the pro- 
prietors fair and candid treatment. The conduct of some 
of the Indians, tho' justice to the fidelity of the original 
stock of the five nations, requires an exemption as to 
them, in and about the year 1754, was a shocking devia- 
tion from the whole course of their former conduct with 
the English, the cause of this, falling too late to be 
properly introduced here, might be sought for in the 
history of that time. 

W. Penn having finished his business with the Indians, 
proceeded by the help of his surveyor-general Thomas 
Holmes, to lay out the city. The spot that had been 
chosen was claimed by some of the Swedes, in lieu thereof, 
he exchanged with them a greater quantity of land at 
a little distance, the part along the river being a dry, 
high bank, with a bold shore, a fine view of pine trees 
grew there and from the Delaware made a handsome 
appearance, — there was the high bank where many of the 
first comers had found or made holes for their shelter. 
The first House in the city was not finished at the Pro- 
prietors arrival, it was building by George Guest in Budds 
row, near that, call'd Powell's dock. He many years 
afterwards kept a tavern, calld the blue anchor there: 
but soon, many small houses were got up. W. Penn 
himself also had a large mansion house built on his manor 
of Pennsbury, near the falls of Delaware, at which he some- 
times resided — he also, about this time, with the consent 
of the purchasers under him, divided the province and 
territories each into three counties — those of the province, 
were calld the counties of Bucks, Philadelphia, and Chester; 
and the territories, Newcastle, Kent, and Sussex. This 
being done, and sheriffs, and other officers appointed for 



20 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

each county he issued writs'* for the election of members 
to serve on the council and assembly, conformable to the 
constitution then in being, and in consequence thereof 
met the council the tenth day of the first month, 1682-3, & 
the assembly two days afterwards — The members of the 
council were, captain William Markham, Christopher Tay- 
lor, Thomas Holmes, Lacy Cock, William Haige, John 
Moll, Ralph Withers, John Simcock, Edward Cantwell, 
William Clayton, WiUiam Biles, James Harrison, William 
Clark, Francis Whitewell, John Richardson and John Hil- 
liard. — The deputies of the freemen chosen for the province, 
and territories in the respective counties, to constitute the 
house of representatives, were. For Kent, John Briggs, 
Simon Irons, Thomas Hassold, John Curtis, Robert Bed- 
well, William Windsmore, John Brinkloe, Daniel Brown, 
Benoni Bishop. For Bucks, William Yeardly, Samuel 
Darke, Robert Lucas, Nicholas Walne, John Wood, John 
Clowes, Thomas Fitzwater, Robert Hall, James Boyden. 
For Chester, John Hoskins, Robert Wade, George Woodj 
John Blunston, Dennis Rochford, Thomas Bracy, John 
Bezer, John Harding, Joseph Phippes. For Philadelphia, 
John Songhurst, John Hart, Walter King, Andros Biiik=- 
son, John Moon, Thomas Wynne, speaker, Griffith Jones, 

*» The form of those writs will appear by the follow^ : for the county of Bucks , 
from an original. 

^ ^g^ WILLIAM PENN, proprietary and governor of the province of Penn- 
m^ sylvania, and the territories thereunto belonging. 

I do hereby in the Kings name, impower and require thee to summon all 
the freeholders in the bailiwick, to meet the 20*" day of the next month at 
the falls upon Delaware river, and that they then and there elect and chuse 
out of themselves, twelve persons of most note for wisdom and integrity, to 
serve as their delegates in the provincial council to be held at Philadelphia 
the 10"" day of the 1" month next, and that thou there declare to the said 
freemen that they may all personally appear at an assembly at the place 
aforesaid, according to the contents of my Charter of liberties, of which thou 

art to make me a true and faithful return. Given at Philadelphia the 

day of the mo: 1682 Wm. Penn, 

To Richard Noble, High Sheriff of the county of Bucks, and the other five 

Sheriffs likewise for their several counties. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 21 

William Warner, Swan Swanson. For New-castle, John 
Cann, John Darby, Valentine Hollingsworth, Gasparus 
Hermon, John Dehoaef, James Williams, William Guest, 
Peter Alrick, Hendrick Williams. For Sussex, Luke Wat- 
son, Alexander Draper, William Fletcher, Henry Bowman, 
Alexander Moleston, John Hill, Robert Bracy, John Kip- 
shaven, and Cornelius Verhoof. 

Tho' the charter of priveledges required a greater num- 
ber than were now returned to serve in provincial council 
and general assembly, yet it was left to be explain'd and 
confirmed by the governor, his heirs and assigns, and to 
the freemen of the province and territories, who, thinking 
it too burthensome to return the full complement prescribed 
by charter, depended upon the proprietors construction of 
their choice in a favorable manner, and alledging their 
reasons as well in the sheriffs returns, as by divers petitions 
and addresses, why they thought twelve out of each county, 
sufficient to be of the provincial council and general assem- 
bly, & declaring that the number returned for the council 
and assembly, that is, three for the council and nine for 
the 'assembly, out of each county, had in them the power of 
the whole freemen of the province and territories, and so, 
capable of serving in those capacities: The governor was 
accordingly desired that this alteration might not deprive 
the people of the benefit of their charter, tho' it might seem 
to be returnd to him again, by not being accepted as largely 
as granted, upon which, the governor answered, that they 
might amend, alter or add for the public good, and he was 
ready to settle such foundations, as might be for their hap- 
piness, and the good of their posterity, according to the 
powers vested in him. These preliminaries being settled, 
the different branches of the legislature proceeded to busi- 
ness, and it being stipulate in the seventh article of the 
charter, that the governor and provincial council should 
prepare and propose to the general assembly, all bills, that 
they should at any time think fit to be passed into laws 



22 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

consistent with the powers granted by the Kings letters 
patent (for that must be understood, tho' not always ex- 
prest) they accordingly proposed several, such as they 
thought suitable to the times; ' some of which were singu- 
lar enough; some were egread to, but the principal thing 
done this session, was the alteration of their charter, it 
having been some time in agitation. At a council held 
the twentieth of the first month the speaker and two mem- 
bers of assembly attending with several bills that had been 
sent to them, the governor and council desired a conference 
with the whole house, and freemen, abo*. the charter, who 
attending, the question was askd them by the governor, 
whether they would have the old charter, or a new- one, 
they unanimously desired there might be a new one with 
such amendments as had already been debated and agreed 
to, and the governor consenting, made a speech distinguish- 
ing to them their duty, and his own willingness to oblige 
them. The house the next day sent Griffith Jones, and 
Thomas Fitzwater, with a written message, containing their 
thankful acknowledgments for his kind speech, and grate- 
fully embracing his offers respecting what they desired 
might be inserted in their charter, a committee of each 
house was thereupon appointed to draw up the charter with 
amendments, those of the council were John Moll for New- 
castle county, Francis Whitewell for Kent, William Clark for 
Sussex, James Harrison for Bucks, William Clayton for 
Chester, and Thomas Holmes for Philadelphia. The com- 
mittee of the assembly were James Williams for New-castle, 

' As in popular councils everyone is at liberty to make their own proposals 
for the general good, this is sometimes attended with uncommon ones; no 
wonder if such are now and then met with among the new legislators here, 
of this sort perhaps may be reckond those proposals that were now made, 
that Foung Men should be obliged to rci^rry at or before a certain age, and 
that two sorts of cloaths should be only worn, one for winter, the other for 
summer. Regulations of this kind might do in a Spartan commonwealth, — 
we think we are Englishmen. A Law was also sometimes in force here, to pre- 
vent cow-calves and ewe-lambs being killed, but as stock increased this dropt. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 23 

Benoni Bishop for Kent, Luke Watson for Sussex, Thomas 
Fitzwater for Bucks, Dennis Rochford for Chester, and 
Thomas Winne the speaker for Philadelphia county. 

Having prepared the charter at a council held the 30*'' of 
the first month this year, the same was read, signed, sealed 
and delivered by the governor to the inhabitants, and re- 
ceived by the hands of James Harrison, another member, 
and the speaker, on behalf of the Assembly & freemen who 
were ordered to return the old one, with the hearty thanks 
of the whole house, which accordingly they did. 

This frame or charter continued in force till some time 
after the revolution in England, but tho' formd in some 
respects upon a generous plan, it was far from complete, 
particularly in that all laws were still to be prepared, and 
proposed by the governor and council, and that the number 
of assemblymen, were to be increased at their pleasure. 
This, with another that follow'd in 1696 only seemd pre- 
paratory to the establishment of that now in being. The 
charter above-mentioned was the last thing done this ses- 
sion which held two and twenty days. The governor and 
council, among other regulations, now established a seal 
for each county, as follows viz. For Philadelphia, an anchor, 
for Bucks, a tree & vine, for Chester a plough, for New- 
castle a Cassia, for Kent, three ears of Indian corn, for 
Sussex, a wheatsheaf. 

The first sheriffs appointed for each county were for 
Philadelphia, John Test, Chester, Thomas Usher, Bucks, 
Richard Noble, New-castle, Edmund Cantwell, Kent, Peter 
Bowcomb, Sussex, John Vines. 

The first grand Jury was summoned the second of the 
third month in this year, upon some persons being accused 
of uttering counterfeit silver, and the governor and council 
sat as a court of justice upon the occasion. The names of 
those impanneled and attested to serve on the grand jury, 
were Thomas Lloyd foreman, Enoch Flower, Richard Wood, 
John Harding, John Hill, Edward Louff, James Boyden, 



24 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

Nicholas Walne, John James, John Vanborson, Robert 
Hall, Valentine Hollingsworth, Alexander Draper, John 
Louff, John Wale, Samuel Darke, John Parsons, John 
Blunstone, Thomas Fitzwater, William Guest, John Curtis, 
Robert Lucas, Henry Jones, and Caleb Pusey. 

The grand jury having found a bill or bills, a petty jury 
were therefore impanneld, and attested.^ The convicted 
one Pickering, another man and a servant his accomplises 
of coining and stamping silver in the form of Spanish pieces, 
with the alloy of too much copper in them, upon which 
Pickering's sentence as principal was, that for this high 
misdemeanor, whereof his country had found him guilty, 
he should make full satisfaction in good and current pay to 
every person that should within the space of one month, 
bring in any of this false, base & counterfeit coin (which the 
next day was to be called in by proclamation) according to 
their respective proportions. And that the money brought 
in, should be melted into gross before returned to him, and 
that he should pay a fine of forty pounds towards the build- 
ing of a court-house, to stand committed till paid, and after- 
wards find security for his good behaviour. 

These and other matters gone through by the council at 
this meeting, and the attending members dismissed to their 
places of abode, the governor applied himself to regulating 
the streets of his favorite city, which being completed by 
the latter end of the fifth, or begining of the sixth month 
in this year to general content, he then wrote a letter to the 
conunittee of the free society of traders, giving an account of it 
together with a description of the country and native Indians.' 

The year 1684 begins with an incursion that happened 
by a party from Maryland making forcible entry on several 

* Their names were John Claypoole, foreman, Robt. Turner, Robert 
Ewer, Andrew Binkson, John Barnes, Joseph Fisher, Dennis Rochford, 
WiUiam Howell, Walter King, Benjamin Whitehead, Thomas Rouse, and 
David Breintnall. 

' W. Penns works, Vol. 2, p. 699. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 25 

plantations in the lower counties, upon hearing of which 
the governor and council at Philadelphia sent a copy of 
W. Penns answer to lord Baltimores demand, with orders 
to William Welch to use his influence for reinstating the 
persons turned out, into their possessions again, and if other 
means would not do, he was ordered to prosecute the in- 
vaders legally, but the first measures probably might for 
that time take effect there being no disturbances of that 
kind till the next month, when the council received a 
letter from Samuel Sands, setting forth, that Col: George 
Talbot, with three musqueteers went to the house of 
the widow Ogle, Jonas Erskin, and Andrias Tittle, telling 
them that if they would not forthwith yield obedience 
to lord Baltimore, and own him to be their proprietor, 
and pay rent to him, he would turn them out of their 
houses, and take their land from them. Upon this, the 
government issued a declaration, shewing G'overnor Penn's 
title, and such other matters as were likely to prevent 
such illegal proceedings for the future. 



CHAPTER III. 

A New Proposal to Restrain the Indians from Intemperate Drinking — 
An Appointment to the Administration of Government — Commis- 
sion OF THE Three Provincial Judges — Wm. Penn Returns to Eng- 
land — His Epistle from the Ship — Report of the King in Council 
Relating to the Dispute w**" Lord Baltimore — An Order Thereupon 
— Lines Between the Counties of Bucks, Philadelphia & Chester — 
Impeachment and Censure of Nicholas Moore — An Alarm of Mis- 
chief from the Indians — Captain John Blackwill Arrives, Gov- 
ern'' — Some Account of Him — His Instructions. 

Governor Penn observing that the Indians notwithstand- 
ing the fifteenth law against selling them Rum, would con- 
trive to have it either by the underhand dealing of some of 
the sellers, or other mean persons among the whites buy- 
ing it for them, called a company of them together, and 
proposed to them to let them have it if they would be con- 
tented to be punished as the English were, in case of abus- 
ing themselves, which they agreed to, as probably on that 
condition they would to a much greater punishment, with- 
out its producing any considerable effect — They were in 
general, so ungovernable in this respect, that it was next 
to impossible to prevent it by any human foresight, tho' 
prudent endeavors seem to have been used, both by advice 
and other measures to inculcate in them a detestation of a 
vice, so runious to both body and mind, which has evi- 
dently destroyed great numbers of them, and yet the few 
that are left are most of them as incorrigible as ever. 

W. Penn continued in these provinces till the sixth month 
this year, settling and establishing the affairs of his govern- 
ment, and assisting his friends in regulating the business 
of their religious society, and having signed a commission 
impowering the provincial council to act in the government 
in his stead, of which Thomas Lloyd was at that time 
president, who also had a commission to keep the great 
seal, Nicholas Moore, William Welch, William Wood, 

26 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 27 

Robert Turner and John Eckley had a commission to be 
the provincial judges for two years, Thomas Lloyd, James 
Claypoole, and Robert Turner, were impowerd to sign 
patents and grant warrants for lands, and William Clark 
had a general commission to be a justice of the peace through- 
out the province and territories, other justices being ap- 
pointed, and all things now settled in a thriving and pros- 
perous condition, the proprietor set sail for England, and 
soon after being no less soUcitous for the spiritual good than 
for the temporal advantages of his bretheren, he wrote and 
sent the following Epistle [here take in the paper N. 1] * 

The commission to the five provmcial judges, was in the 
following words. 

"William Penn, Proprietary and governor of the province 
of Pennsylvania, and territories thereunto belonging— 
To my trusty and loving friends Nicholas Moore, William 
Welch, WiUiam Wood, Robert Turner, and John Eckley, 

greeting 

"Reposing special confidence in your justice, wdsdom and 
integrity, I do, by virtue of the Kings authority derived 
unto me, constitute you provincial judges for the province 
and territories, and any legal number of you a provincial 
court of judicature both fixt and ckcular as is by law di- 
rected, giving you and every of you full power to act therein, 
according to the same, strictly charging you, and every 
of you to do justice to all, and of all degrees, without delay, 
fear, or reward, and I do hereby require all persons within 
the province and territories aforesaid, to give you due obedi- 
ence, and respect belonging to your station in the discharge 
of your duties: This commission to be of force during two 
years, ensuing the date hereof, you and every of you behaving 
yourselves well therein, & acting according to the same. 

"Given at Philadelphia the 4*^ of the 6*^^ month, 1684, 
being the thirty sixth year of the Kings reign, and the 
fourth of my government. " Will"" Penn." 

* Paper missing. — Ed. 



28 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

The proprietor very probably would have staid a con- 
siderable time longer in Pennsylvania, but it was a critical 
time with his affairs in England, particularly in the settle- 
ment of the boundaries between lord Baltimores claim 
and the lower counties, whose agent had in the year 1683, 
petitioned king Charles the second that no fresh grant of 
the land in the territories of Pennsylvania, might pass in 
favor of William Penn, till he was heard, on his pretension 
of right thereto, w*'^ petition was refered to the lords- 
committee, for trade and plantations, who after many 
attendances and divers hearings of both parties by their 
council for more than two years past made their report to 
king James, (for he was then upon the throne)"" who there- 
upon made order of council to the effect following — 

■^ King Charles the second died the begining of the month called february 
1684. W. Penn speaks of his death and of his successor among other things 
in the words following (taken from an original letter to Thomas Lloyd dated 
London 16^^ l"^" 8%) 

The King is dead, and the duke succeeds peacibly — he was well on the 
first day night, being the first of february (so called) but about eight next 
morning, as he sat down to shave, his head twitched both ways or sides and 
gave a shriek and fell as dead and so remained some hours, they opportunely 
blooded and cupt him, and plied his head with red hot frying pans, he re- 
turned, and continued 'till sixth day noon, but mostly in great tortures, he 
seemed very penitent, asking pardon of all, and the poorest subject he had 
wronged, prayed for pardon, and to be delivered out of the World; the duke 
appearing mighty humble and sorrowful, twas a loss with his gain, he was an 
able man for a divided and troubled kingdom — the present king was pro- 
claimed about three o'clock that day, a proclamation followed with the kings 
speech to maintain the church and state as established, to keep property 
and use clemency. Tonage, and poundage with the excise are revived de 
bene esse till the parliament meet, — one is now chusing — the people of West- 
minster just gone by to chuse — it sits lO*"" 3™° next. In Scotland one 
next month — severities continue still, but some ease to us faintly promised. — 
Be careful that no indecent speeches pass against the government, for the 
king going with his queen publicly to mass in Whitehall, gives occasion. — 
He declared he conceald himself to obey his brother, and that now he would 
be above-board, which we like the better on many accounts — I was with 
him and told him so — but withal hoped we should come in for a share; — he 
smiled, and said he desired not that peacible people should be disturbed for 
their religion and till his coronation the 23'' when he and his consort are 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 29 

At a court, at Whitehall this IS*** day of November, 
1685. Present — the king &c. — the following report from 
the right honorable, the lords of the committe for trade and 
foreign plantations, being this day read at the board &c. 
The substance of said lords report we find, that the said 
lands intended to be granted by the lord Baltimores patent, 
was only uncultivated, and inhabited by savages, and that 
the part then in dispute was inhabited, and planted by 
christians, at and before the date of the lord Baltimores 
patent, as it had been ever since, to that time, and con- 
tinued as a distinct colony from that of Maryland, so that 
the lords offer'd it as their opinion, that for avoiding fur- 
ther differences, the tract of land lying between the river 

together to be crownd, — no hopea of release, and, till the parliament, no 
hopes of any fixt liberty — my business I w'* hope is better — The late king, 
the papists will have, died a Roman Catholic, for he refused (after his usual 
way of eavading uneasy things; with unpreparedness first and then weakness) 
the church of Englands communion. Bishop Ken of Wells prest him, that 
it w** be his comfort, & that of his people to see he died of that religion he 
had made profession of living, but it would not do; — and once, all but the 
duke, earl of Bath, and lord Feversham were turned out, and one Huddle- 
eton a Romish priest was seen about that time near the chamber. — This is 
most of our news — the popish lords and gentry go to Whitehall to mass daily, 
and the Tower (or Royal) chapel is cramd (by vyeing) with the protestant 
lords and gentry. — The late kings children, even by the dutchess of Ports- 
mouth go thither — Our king stands more upon his terms than the other with 
France, and tho' he has not his brothers abilities, he has great discipline and 
industry. — Alass the world is runing over to you — and great quantities to- 
gether is to put the sale of Land out of my own hands, after I have spent 
what I got by my own on the public service for I am £3000 worse in my 
Estate than at first — I can say it before the Lord & have only the comfort of 
having approved myself a faithful steward to my understanding & ability; 
and yet I hope my Children shall receive it in the love of yours when we are 
gone — 'tis a time to show thy skill & friendship to me and which is more to 
truths interest in me — Blessed are they that are not offended; but have 
patience & endure, the Lord God of Abraham of Isaac & of Jacob be w**" 
you in Council & righteousness & by his presence own you & by his power 
defend you a vineyard to his Praise who is over all blessed forever — Now 
Dearly salute me to dear friends in their Meetings and particularly to [here 
take in paper N. 2] * 



• Paper missing. — Ed. 



30 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

and bay of Delaware, and the eastern sea on the one side, 
be divided into two equal parts by a line from the latitude 
of cape Henlopen to the 40'^ degree of north latitude, and 
that one half thereof lying toward the bay of Delaware and 
the eastern sea, be adjudged to belong to his majesty, and 
that the other half remain to the lord Baltimore, as com- 
prized in his charter. 

Upon this report it was ordered by the king in council 
that the said land should be forthwith divided according 
to this determination, but that not being done many years 
after, Queen Ann was twice petitioned for a further hearing, 
which was at length obtaind, but the Queen after a full, 
hearing ratified and confirmed the first order of council of 
1685 in all its parts, and ordered it to be put in execution, 
without further delay. 

At a council held at Philadelphia, the first of the second 
month 1685, present Thomas Holmes, president, and nine 
others — The line of separation between the counties of 
Philadelphia, and Bucks, and Philadelphia and Chester, 
were now confirmed according to the proprietors intentions 
signified to some of his friends while here, the first was to 
begin at the river Delaware at Poetquesing creek, ° and the 
county of Bucks to be of the east side thereof, together 
with the townships of Southampton and Warminster, and 
thence backwards. — The county of Chester was to begin 
at the mouth or entrance of Bough-creek, upon Delaware 
river, being the upper end of Tenecum island, and so up 
that creek dividing the said island from the land of Andrew 
Boone and company, from thence along the several courses 
thereof to a large creek, called mill-creek, from thence up 
the several courses of the said creek to a West south west 
line, which line divides the liberty lands of Philadelphia 

" Adjoining to this creek, on the lower side is said to be the place first 
thought of for building the city, but better thoughts or more experience, at 
last fixd on a place much more convenient, all things considerd than that, 
or any other place on the river. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 31 

from several tracts of land belonging to the Welch and other 
inhabitants, and from thence, East north east by a line of 
mark'd trees, one hundred and twenty perches more or 
less, from thence, north, northwest by Haverford township, 
one thousand perches more or less, from thence, east, north- 
east by the land belonging to John Humphrey, one hundred 
and ten perches more or less, from thence, north, northwest 
by the land of John Eckley, eight hundred and eighty 
perches, more or less, from thence continuing the said 
course to the bounds of Schuylkil river, which said Schuyl- 
kil river afterwards to be the natural bounds. 

The line between Bucks and Philadelphia was more par- 
ticularly set forth in the following Proclamation agreed on 
at a council, held the eighth of the second month in this 
year, Thomas Lloyd president. 

''By the president and provincial council of the prov- 
ince of Pennsylvania, and territories thereunto belonging. 
Whereas there is a necessity to ascertain the bounds of the 
several counties of Pennsylvania, in order to the raising and 
collecting of taxes, public monies, and otherwise to adjust 
the limits of the respective sheriffs for the performing of 
their power and duty, and also, that the people might 
know unto what county they belong and appertain to an- 
swer their duties and places; and whereas the governor in 
presence of Thomas Janney, and Phineas Pemberton was 
pleased to say and grant that the bounds of the county of 
Bucks, and Philadelphia should begin as followeth, viz: 

"To begin at the mouth of Poetquesing creek, and Dela- 
ware, and so by the said creek and to take in the townships 
of Southampton and Warminster, in obedience thereto, 
and confirmation thereof, the president and council, hav- 
ing seriously weighd and considerd the same, have, and 
do hereby agree and order that the bounds between the 
said counties shall be thus. 

"To begin at the mouth of Poetquesing creek, on Dela- 
ware river, and to go up thence, along the said creek by 



32 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

the several courses thereof to a south west & north east 
line which said line divides the land belonging to Joseph 
Growden and company from Southampton township, from 
thence by a line of markd trees, along the said line 120 
perches more or less, from thence north west by a line of 
mark'd trees, which said land in part divided the land be- 
longing to Nicholas Moore, from Southampton and War- 
minster townships confirming the said line as far as the 
said county shall extend." 

Nicholas Moore one of the provincial judges, being first 
in commission, took place as prior judge, or in the language 
of the present times, as chief justice of the province, and 
territories. He seems to have been an active hasty man, 
of a busy temper, and too unguarded. He had the mis- 
fortune to be accused of a variety of mal-practices, which, 
after some time, the assembly took in hand. He was one 
of their members, and they impeached him in form by a 
declaration exhibited to the council on the 15*^ of the 3*^ 
month, this year, consisting of ten articles, besides saving 
to themselves the liberty of adding more, and concluded 
with a request that he might be removed from his great 
offices and trust, and be made to answer to the crimes and 
misdemeanors they had pointed out. 

The council orderd several of their members to acquaint 
Moore of the accusations, and to request his appearance 
the next day, at the seventh hour, which being come, and 
he not appearing, the articles against him were read a 
second time, and notice given to the assembly, that they 
were willing to hear their proofs. The speaker (John White) 
Abraham Man, Thomas Usher, John Blunstone, William 
Berry and Samuel Gray were appointed managers for the 
house on the occasion, who, supporting the charge, the 
president and council sent a second notice to Moore to 
appear at the council-chamber on the 19*^, but he still ne- 
glecting, notice was again sent him by a council convened 
the second of the fourth month following, that he desist 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 33 

and cease from further acting in any place of authority or 
judicature till the articles of impeachment exhibited against 
him by the assembly be tried, or that satisfaction was made to 
the board. The 14 of September, James Harrison, James 
Claypoole, and Arthur Cooke, were nominated by the coun- 
cil to be pro\dncial judges, orders were accordingly given to 
prepare a commission for them, but Harrison and Cooke, 
on notice thereof, refusing to serve, and Claypoole being 
prevented by sickness, the council upon further considera- 
tion, in order to answer the expectation of such persons as 
were concernd in appeals, agreed to receive them, & to 
sit for the decision of differences themselves on the 24*'', 
which was the time appointed for the court to sit, after 
which, the council at their triennial election," being in 
part new chosen, proceeded by fresh commissions to appoint 
the several officers of the government. 

1687. William Penn and the other settlers under him, both 
those that came before and after his own arrival, had so 
demeaned themselves in all matters relating to the Indians 
that they were not only their friends upon all occasions, but 
very familiar at their houses, by which means they had 
become so naturalized to them, that it very much cut off 
all occasion of groundless fears and jealousies, which in 
such a situation, where Indians were numerous, and the 
strangers comparatively few, must have been natural, and 
which, notwithstanding this, and all their care, could not 
be entirely prevented, but, upon one occasion or other, 
would now and then be breaking out among the more in- 
considerate sort, which as stories of this kind naturally 
gather, report could easily make a frightful one, from but 
a small begining. 

The inhabitants of Philadelphia and its neighbourhood, 
in or about the year 1688, were tried with an alarm of this 
sort, occasiond as it was said, by two Indian women of 

» Vid: 2^ Article of the charter of 1683. 
3 



34 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

West Jersey, telling an ancient inhabitant, a Dutchman, 
near Chester that the Indians were to rise the next fourth day, 
and cut off all the English — several friends upon hearing 
this report at Chester, recollecting their behaviour towards 
them, and conscious they had not administerd any rea- 
sonable occasion of disgust, instead of mixing in the com- 
mon surprize, endeavored to dissuade others, but it happen- 
ing that when the mentiond fourth day came, about Ten 
at night, a messenger arrived at Chester from back in the 
woods, telling the people that three families at about nine 
miles distance (which he named) were all cut off by the 
Indians. 

This fresh report came to the ears of a friend then at 
Chester, in the dead of the night. He proposed to two young 
men in the house that if they would get up the horses, and 
go with him, he would ride to the houses where it was said 
the murders were committed, that if true, and they should 
see any of the Indians, he might treat with them, to know 
the cause of their so basely breaking the covenant of peace, 
and if false, they might then be instrumental to quiet the 
people, and getting ready, away they went unarmed. 
When they came to the three houses, where the murders 
were reported to be committed, they found no person there, 
and yet no sign of murder; the people had received the 
like alarm, and were gone down in a fright to their fathers 
at Ridley creek, about a mile off. The more immediate 
occasion of their flight was, the master of one of the families, 
being that fourth day at work at some distance from his 
house, received intelligence there, that the Indians five 
hundred in number, had actually got together at Naamans 
creek, in pursuance of their design to kill all the EngUsh, 
and going hastily towards his house, heard his lad cry say- 
ing (as he thought) what shall I do, my dame is killed — 
upon which, he ran off without going home to see how 
matters stood there, & hastening to acquaint the govern- 
ment at Philadelphia, of what had passed, was the impru- 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 35 

dent occasion of increasing the alarm; but, being met by 
somebody of more thought than himself, was stopped before 
he got to Philadelphia, and persuaded back — the report 
however, thus fortified soon reached the city, and in such 
terms, that a messenger was dispatched to Marcus-hook, 
near the said Naamans-creek to enquire into the truth of 
it, who quickly returnd and confirm'd the report, but 
with this variation, that it was at Brandewine, where the 
Indian town was, at which the five hundred Indians were 
together, and that they having a lame king, had carried 
him away, with all their women and children, this looked 
with a had face & amounted to a certainty with many, 
whose fears had already kept at least equal pace with their 
imaginations. The president and council were at that 
time sitting upon other occasions, a friend then in town 
(probably Caleb Pusey, one of the governors council who 
lived in Chester county) proposed to them, that if they 
would name five sober men to go to the place where it was 
reported the Indians were so circumstanced, provided they 
went without weapons, he would be one of them, which 
being soon agreed on, they got their horses and set out 
together, and when arrived, instead of meeting with five 
hundred warriors, they found the old king quietly lying 
with his lame foot along on the ground, & his head at ease 
on a sort of pillow, the women hard at work in the field, 
and the children playing together. Having dismounted 
and gone into the Wigwam, the king presently asked very 
mildly, what they all came for, and being told what report 
the Indian women had raised, he appeared much displeased, 
and said they ought to be burnt to death — The messenger 
asked him if the Indians had anything against the English — 
he answered no, adding "its true there are fifteen pounds 
or there abouts yet behind, of our pay for the land that 
William Penn bought, but inasmuch as you are still on it, 
and impro\4ng it to your own use, we are not in haste for 
our pay, but when the EngHsh come to settle it, we shall 



36 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

expect it," which the messengers thinking reasonable, told 
him they would without doubt be paid, and one of them 
willing to make use of that occasion, to a religious purpose, 
told him, that the great God that made the world and all 
things therein, by consequence made all mankind, and so 
both Indian and English, and as he made all, his love was 
extended to all, which was plainly shown by his causing 
the Trains and Dews to fall on the ground of both English 
and Indians alike, that it might bring forth what the In- 
dian, as well as the English sowed or planted therein for 
the sustenance of life, and also causing the sun to shine on 
all, both Indians and English to nourish them, and that 
seeing the great Being that made them all, extended his 
love to all, they were mutually bound to love one another." 
The king answerd, that what they said was true, "and, 
(added he) as God has given you corn, I would advise you 
to get it in (it was then harvest time) for we intend no 
hurt to you." They parted amicably, and the messengers 
returning put an end to the peoples fears. 

Thomas Lloyd had hitherto, for the space of near six 
years past, as president of the council, governd the prov- 
ince of Pennsylvania, excepting two short intermissions, 
wherein Thomas Holmes and William Clark had at differ- 
ent times supplied his place in his absence, but now in the 
tenth month of this year, arrived Capt" John Blackwell 
with a commission from William Penn to be his lieutenant 
governor,^ who met the assembly in the third month fol- 
lowing, but there being dissentions got in, between him and 

p Thomas Lloyd, was chosen or appointed to serve as governor by the 
three upper counties, and William Markham for the three lower counties. 
The province was for some time governd in this manner — it was at Thomas 
Lloyds repeated desire that W. Penn, appointed another in his room — Black- 
wells wife was general Lamberts daughter, she coming to W. Penn soon after 
he received those applications upon other business, he asked her if she thought 
her husband (who was then in New England, and for whom W. Penn seems 
to have conceived an extraordinary opinion) would accept of the government 
of Pennsylvania, she answered that he would; a commission was thereupon 
sent to him with the following /nstructions. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 37 

some of the Council, things v^^ere not managed to the great- 
est satisfaction, nor vv^as much of the pubHc business done 

(Instructions for lieutenant governor Blackwell, or whom else they may 
concern. 

1='. That things be transacted in my name, by the style of my patent only 
viz: absolute proprietary of Pennsylvania &c., if not contrary to the charter 
and laws of the province, as I suppose not. 

2"''. That the commissions signed and seald by me here shall be sufficient 
warrants and directions to pass them under the great seal. — 

3"*. To collect the laws that are in being and send them over to me in a 
stichd book by the very first opportunity, which I have hitherto so often 
and so much in vain desired. 

4"'. To be careful that speedy as well as thorough and impartial justice 
be done, and virtue in all cherish'd, and vice in all punish'd — 

S"". That fines be in proportion both to the fa\ilt and ability of the party 
that so they may be paid. 

6^^. That feuds between persuasions, or nations or counties be suppresd 
and extinguishd, if any be, & if none, that by a good conduct they may be 
prevented. 

7"'. That the widow, orphan and absent may be particularly regarded in 
their rights, for their cry will be loudest in all ears but by absent, I mean 
such as are so of necessity. 

8*''. To countenance the commissioners of propriety where land is unseated, 
or people are unruly in their settlements, or comply not with reasonable 
obligations about bounds, banks, timber &c. for tho' we came to a wilderness 
it was not that we should continue it so. 

9"^. That the sheriffs of their respective counties be charged with the re- 
ceipt of my rents, fines, &c, as they do in England, and give security to the 
receiver general for the same. 

lO"'. To have a special care that sheriffs, and clerks of the peace impose 
not upon the people, & that the magistrates live peacibly and soberly, for I 
would not endure one loose, or litigious person in authority — Let them be 
men having some fear of God, and hating covetousness, whatever be their 
persuasions. To employ others is to prophane an ordinance of God. 

11*''. That care be taken of the i^oads and highways in the country, that 
they may be strait and commodious for travellers, for I understand they are 
turned about by the Planters, which is a mischief that must not be endured. 

12"". Consider by what means or methods the good and prosperity of the 
plantation, may be promoted, what laws in being are unnecessary or defec- 
tive, and what are wanting, and in each particular hereof, let me have advice 
as distinctly and as speedily as may be. 

IS"". Rule the meek, meekly, and those that will not be ruled, rule with 
authority, and God Almighty prosper all honest and prudent endeavors. 

Given at London this 25 day of the T"' month 1689. 

Wm. Penn. 



38 HISTORY OP THE PROVINCE OF PENNSYLVANIA 

to any great purpose in his administration, which was 
only till the twelfth month this year, when returning to 
England, the government of the province according to 
charter devolved again on the council, Thomas Lloyd 
president. Wm. Penn at the dismission of Tho"* Lloyd 
on his own application from the Burthen of Governm* 
had wrote to him & the others concernd in the Admin- 
istration before Blackwell arrivd as follows [here take 
in the paper N. 4] * 

* Paper missing. — Ed. 



CHAPTER IV. 

W. Penn Deprived of His Government, a New Governor Appointed by 
THE Crown; the Public Proceedings During This Administration. — 

William Penn, since his return to England had been 
frequently upon one occasion or other at court, in the 
latter end of king James the seconds reign, who having 
loved the father, indulged the same affection for the son, 
but his reign drew to a period, for the prince of Orange on 
the 5 of November 1688, landing at Torbay in Devonshire, 
to the great joy of the English nation then greatly dis- 
satisfied with the late endeavors to introduce popery ''many 
of king James's officers and troops soon joined the Prince — 
the king perceiving the people alienated from him, with- 
drew to France, by a national convention called shortly 
after the prince of Orange, and the princess Mary his spouse, 
king James's daughter, were declared king and queen of 
England &c. — they were proclaimd on the IS**" of the 
month call'd February 1688-9. — upon this turn of times, 
W. Penns late friendship at court made him suspected of 
disaffection to the present government, so that on the lO*** 
of December 1688 walking in Whitehall, he was sent for 
by the lords of the council then sitting, and tho' nothing 
appeard against him, and himself assured them that he had 
done nothing hut what he could answer before God and all the 
princes in the world, that he loved his country and the protes- 
tant religion above his life, and never acted against either, 
that all he ever aimed at in his public endeavors, was no other 
than what the prince himself had declared for, that king James 
was always his friend, and his fathers friend, and in gratitude 
he wcLS the kings, and did ever as much as in him lay, influence 
him to his true interest, notwithstanding, they obliged him to 
give sureties for his appearance the first day of the next term, 
which he did, and then was continued on the same security 

39 



40 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

to Easter term following, on the last day of which, nothing 
having been laid to his charge, he was cleared in open court. 

In the year 1690 he was again brought before the lords 
of the council, upon an accusation of holding correspon- 
dence with the late king James, and they requiring sureties 
for his appearance, he appeald to king William himself, 
who, after a conference of near two hours, inclined to acquit 
him, but to please some of the council he was held upon 
bail for a while, and in trinity term the same year, was 
again discharged. 

He was yet attacked a third time, and his name inserted 
in a proclamation, dated July 18*^ this year (1690) wherein 
he, with divers lords and others to the number of eighteen, 
were charged with adhearing to the kingdoms enemies, but 
proof failing respecting him, he was again cleared by order 
of the Kings bench court, at Westminster on the last day 
of Michaelmas term 1690. 

Being now again at liberty he proposed to go over a 
second time to Pennsylvania, and published proposals in 
print for another settlement there — he had so far prepared 
for his transportation, that an order for a convoy was 
granted him by the secretary of state, when his voyage was 
prevented by a fresh accusation against him, backd with 
the oath of one William Fuller, a wretch afterw^^ by Par- 
liament declared a cheat and imposter, and a warrant was 
thereupon granted for his apprehension, which he narrowly 
escaped at his return from George Fox's burial on the 16^^ 
of the month called January 1690.^ 

"William Penn in a letter dated England 14*^'' 4 mo: — 91. writes on this 
subject, George Fox's death, and other matters as followeth. 
"Dear Friend, 

" My love in the unchangeable truth salutes thee and thine, and the friends 
and family of God in those parts, desiring your temporal & everlasting well- 
fare with an unfeigned affection. 

" By this time thou wilt have heard of the renewal of my troubles, the only 
lett of my return, being in the midst of my preparations with a great company 
of adventurers, when they fell upon me — The jealousies of some, and unwor- 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 41 

He had hitherto defended himself before the king and 
council, but now thought it rather advisable to retire for a 
time, than hazard the sacrifizing his inncence to the oaths 

thy dealing of others have made way for them but under and over it all, the 
antient rock has been my shelter and comfort, and I hope yet to see your 
face's with our ancient satisfaction — the Lord grant, if it be for his glory, 
whose I desire to be in all conditions; for this world passeth away and the 
form and beauty of it fadeth, but there are ternal habitations for the faithful, 
among whom I pray that my lot may be, rather than among the princes of the 
earth — I hope I need not iirge my circumstances to excite thy love, care and 
concern for me and my suffering interest in that country. I know thou hast 
better learned Christ and Cato, if I may so say, and will embrace such an 
opportunity to choose to express thy friendship and sincerity, nor is uncer- 
tainty and changeableness thy fault, wherefore I will say no more, but desire 
that my afflictions may ease if not cure your animosities, or discontents 
within yourselves if yet they have continued, and that thou wilt both in gov- 
ernment, and to my commissioners of property, yield thy assistance all thou 
canst— By all this, God may prepare me to be fitter for future service, even 
to you there — I ask the people forgiveness for my long stay, but when I con- 
sider how much it has been my loss, it is punishment enough — it has been 
£20,000 to my damage in the country, and above £10,000 here, and to the 
province 500 families, but the wise God that can do what he pleaseth, as 
well as see what is in mans heart is able to requite it all, and I am persuaded 
all shall yet work together for good in this very thing, if we can overlook all 
that stands in the way of our view, Godward in pubUc matters, see that all 
be done prudently and humbly and keep down irreverence, and looseness, 
and cherish industry and sobriety, the Lord God Almighty be with you and 
amongst you to his praise and your peace. Salute me to I: Simcock, R: Tu, 
A: Co, T: Jan, Ph. Pern, I: Ri, W: Ya, the Welch friends and Plimouth 
friends, indeed to all of them. — 

" Thou hast heard of our great loss of dear John Burnyeat and Robt. Lodge, 
one in Ireland and t'other in England in about the same week Robt. Barclay, 
T. Salthouse, and dearly beloved G. Fox since:— he died at Henry Gould- 
neys by Gracious-street meeting-house, where he preached his farewell the 
first day, and departed the third at night between 9 and 10.— I was with 
him, he earnestly recommended to me his love to you all and said William, 
mind poor friends in America, he died triumphantly over death, very easily, 
foresaw his change, he was buried on the sixth day like a general meeting, 
2000 people at his burial, friends and others — I was never more pubUc than 
that day, I felt myself easy, he was got into his Inn before the storm that is 
coming overtook him, and that night very providentially I escaped the mes- 
sengers hands:— I shall add only, that friends have had an extraordinary 
time this general meeting, so that God suppHed that invisible loss with glo- 
rious presence. R. Davies there, but not thy brother. In sincere love I bid 
thee, thy wife and family and friends farewell— Thy true Fr^ W" Penn." 



42 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

of a profligate villian, and accordingly he appeard but little 
in public for two or three years/ 

In this time of retirement and upon this accusation, W. 
Penn was deprived of the government of Pennsylvania 
and territories, and a commission arrived to Benjamin 
Fletcher Esq'. Governor of New York, to take them under 
his government, his commission for that purpose follows 
in these words. 

"William and Mary by the grace of God, king and queen 
of England, Scotland, France, and Ireland, Defenders of 
the faith &c 

" To our trusty and well beloved Benjamin Fletcher Esq"" 
our captain general and governor in chief of our province 
of New York and the territories depending thereon in 
America, greeting, 

" Whereas by our commission under our great seal of Eng- 
land bearing date the eighteenth day of March in the fourth 
year of our reign, we have constituted and appointed you 
the said Benjamin Fletcher to be our captain general and 
governor in chief in and over our province of New York, 
and the dependencies thereon in America; and have thereby 
granted unto you full power and authority with the advice 
and consent of our council, as need shall require to sum- 
mon and call general assemblies of the inhabitants, being 
freeholders within our said province, according to the usage 
of the province of New York, and that the persons there- 
upon duly elected by the major part of the freeholders of 
the respective counties and places and so returned, and 
having before their sitting taken the oaths appointed by 
act of parliament to be taken, instead of the oaths of alle- 
giance and supremacy, and subscribed the test, and without 
taking and subscribing whereof, none shall be capable of 
sitting tho' elected, shall be called and held the general 
assembly of that our said province, and have thereby 

' W. Penns works, Vol: I. p. 139, 140 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 43 

granted unto you the said Benjamin Fletcher, by and with 
the consent of our said council and assembly, or the major 
part of them, full power and authority to make, constitute 
and ordain laws, statutes and ordinances for the public 
peace, welfare and good government of our said province 
& of the people and inhabitants thereof, which said laws, 
statutes and ordinances, are to be as near may be agreeable 
to the laws and statutes of this our kingdom of England, 
provided that all such laws, statutes and ordinances, be 
within three months or sooner after the making thereof, 
transmitted unto us under our seal of New York, for our 
approbation or disallowance of the same, and in case any 
or all of them, not before confirmed by us, shall at any 
time be disallowed and not approved, and so signified by 
us, our heirs and successors under our or their Sign manual, 
or signet, or by order of our or their privy council unto 
you the said Benjamin Fletcher or to the commander in 
chief of our province of New York for the time being, then 
such, and so many of them, as shall be so disallowed and 
not approved, shall from thenceforth cease determine and 
become utterly void and of none effect: And to the end 
that nothing may be passed or done by our said council or 
assembly to the prejudice of us, our heirs and successors, 
we have hereby willed and ordained that you the said 
Benjamin Fletcher shall have and enjoy one negative 
voice, in the making and passing of all laws, statutes 
and ordinances as aforesaid and that you shall and 
may likewise from time to time, as you shall judge it 
necessary, adjourn, prorogue and dissolve all general assem- 
blies as afores"^. 

" We therefore reposing especial trust & confidence in the 
prudence, courage and loyalty of you the said Benjamin 
Fletcher to be our Captain, general and governor in chief, 
in and over our province of Pennsylvania, and in the country 
of New Castle and all the tracts of land depending thereon 
in America; And we do accordingly by these presents com- 



44 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

mand and require you to take the said province and country 
under your government, and for the better ordering, gov- 
erning and ruling our said province and country, and the 
tracts and territories depending thereon, we do hereby 
give and grant unto you the said B. Fletcher, all and 
every the like powers and authorities as in our said com- 
mission, bearing date the eighteenth day of March in the 
fourth year of our reign, are given, granted and appointed 
you, for the ruling and governing our province of New York 
to be exercised in like manner by you the said Benjamin 
Fletcher in, and over our said province of Pennsylvania 
and the country of New Castle, and the territories and 
tracts of land depending thereon in America. 

" Examined and compared with the original letters patent 
''Patrick Robinson, secretary." 

Governor Fletcher upon receiving this commission re- 
paired to his new government but first notified his coming, 
by the following letter directed : 

"To the hon*"'^ Thomas Lloyd Esq' deputy governor of 

Pennsylvania 
"Sh-, 

" Having received their majesties commission under their 
great seal, for the government of Pennsylvania, and being 
required to make a speedy repair to that province, I think 
fit to acquaint you, that I propose to begin my journey 
from home on Monday the 24*^ instant, and desire the 
council and principal freeholders may have notice that their 
majesties commands may be communicated to them so soon 
as I arrive, which I hope may be the 29*''. 
" I am sir, your very loving friend 

" Ben ffletcher." 
" New York, 
"April 19*^ 1693." 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 45 

Col. Fletcher took with him a splendid retinue, and ar- 
rived in such pomp and gaiety as had not been known in 
Pennsylvania before, soon after which he called an assem- 
bly, which met in the spring 1693. 

Before this assembly was called, disputes arising between 
the council & governor, about the mode of electing and con- 
vening them, occasiond the following address from the mem- 
bers of the council deliver'd the 29*'' of the month called April. 

"To Benjamin Fletcher, captain, general and governor in 

chief &c. 
" The humble address of the freemen of the province of 

Pennsylvania presented by their delegates, members of 

the provincial council, 
''Sheweth 

"That whereas the late king Charles the second, in the 
thirty third year of his reign, by letters patent under the 
great seal of England, did for the consideration therein 
mentiond grant unto William Penn, and his assigns, this 
colony or tract of land thereby erecting the same into a 
Province, calling it Pennsylvania, and constituting the 
said William Penn, absolute proprietary of the said prov- 
ince, saving (amongst other things) the sovereignty thereof, 
with power also by virtue of the said royal charter to the 
said William Penn,' "his deputies and lieutenants to make 
laws with the advice and assent of the freemen of the said 
province or the greatest part of them, or of their delegates 
or deputies, whom for the enacting of the said laws when, 
and as often as need required, he the said William Penn 
should assemble in such sort as to him should seem best, 
with divers other great powers, immunities and priveleges 
in the same charter contain 'd, relation being thereunto 
had, may more at large appear. 

'^ By virtue and in pursuance whereof the said proprietary 
William Penn with the advice and consent of the freemen 
of his province in general assembly met at Philad*, (in 83) 



46 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

did enact that the time for the meeting of the freemen to 
chuse their deputies, to represent them in provincial council 
and general assembly should be on the tenth day of the 
j&fth month, yearly, and the members so chosen for pro- 
vincial council (consisting of three persons out of each 
county should give their attendance within twenty days 
after election in order to propose bills, and the members of 
assembly being six out of each county, should meet on the 
10*'' day of the third month called May, yearly in order to 
pass those proposed bills into laws, but in case any of the 
said members should either be of ill fame or wilfully absent 
from their service, or happen to die it is provided by another 
law (made in 84) that it should be lawful for the proprietary 
and governor, within ten days after knowledge of the same 
to issue out a writ to the sheriff of the county for w'** the 
party was chosen, immediately to summon the freemen to 
elect another member &c. 

" Now for as much as the present emergency of affairs in 
this province may require a general assembly to be speedily 
called, and since we conceive it hath pleased the king and 
queen so far to countenance our laws and constitutions as to 
direct the present governancy to rule thereby, until other 
laws be duly made to alter or amend the same. 

" We therefore earnestly desire that no other measures be 
taken for electing or convening our legislative power than 
our recited laws and constitutions of this government, 
prescribe, the rather for that the said late king did by his 
letters patent, enjoin, require and command, that the 
laws made as aforesaid should be most absolute and avail- 
able in law, and that all the liege people and subjects of 
the said late king, his ^eirs and successors should observe 
and keep the same inviolable in these parts." 

Hugh Roberts Joseph Growdon 

Samuel Lewis John Bristow 

Richard Hough John Delavall 

John Simcock. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 47 

The assembly being met, presented their speaker Joseph 
Growdown to the governor for approbation, who being 
accepted, the oaths and tests were presented to the whole 
house in the manner of other governments, under the im- 
mediate administration of the crown, but some of the mem- 
bers of assembly, being tender of taking oaths, and refusing 
to be sworn, they were allowed the benefit of subscribing 
to the declarations and professions mentiond in the act of 
parliament for liberty of conscience, made in the first year 
of king William and queen Mary, their being allowed this, 
the governor told them was an act of grace and not of right 
so as to be drawn into president for the future. Whether this 
was not assuming a power he could not legally claim, need 
not here be determined; it seems however a fact undoubted 
that the priveledges of government (of which all matters 
relating to liberty of conscience were the most essential 
part) had been granted with the soil, and that the province 
was settled with the expectation and actual purchase of 
those priveledges in the grants from W. Penn to the people, 
while he had uncontro verted powers from the crown to make 
those grants, and if so, having once done it, the property 
must have been so far changed, as it had been granted from 
him, and therefore tho' his present title to the government 
might have been questioned, yet that property as far as the 
settlers had a share in it, those shares not being his, could 
not be forfeited, tis true, by the grant to Will™ Penn, — 
all laws were to be consonant to reason, and not repugnant 
or contrary (but as near as conveniently might be) agree- 
able to the laws and statutes and rights of England,^ which 
general words, by a fair construction must give a priveledge 
to make laws for liberty of conscience in the manner it was 
done in that government, especially as Penn, being well 
known to be one of those called Quakers, it must at the 
time of granting it, have been concluded (as it undoubtedly 

■ Vide charter, sect, v: 



48 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

was) that that was the principal priveledge aimed at in 
the settlement, besides if the act of parliament had not 
of itself extended to the plantations, the governor had 
no right to extend it, if it did extend of itself, it was 
no favor in him; upon the whole, the assembly probably 
thought as things were at present circumstanced, it was 
the most prudent to submit, tho' in opposition to a 
priveledge they had a right to, and accordingly rather 
below the justice of their own claims acknowledged the 
said act of grace and favor to proceed from the justice 
& kindness of the governor. 



CHAPTER V. 

The Public Proceedings During the Administration of Governor 
Fletcher, continued. 

The Assembly having qualified and made a house the 
governor communicated to them a letter he had in the last 
year received from the queen, setting forth, that the expence 
for the preservation and defence of Albany against the 
French, had become intollerable to the inhabitants there, 
and as it was a frontier by which the other northern Colo- 
nies, were in some measure defended, he thought it reason- 
able that those colonies should be assisting from time to 
time to the governor of New York in the maintenance and 
defence of it during the present war, tho' it does not appear 
from this letter, that much was expected from Pennsylvania 
in particular, yet the governor thought proper to renew his 
messages several times for an answer, thinking perhaps he 
had a right to expect more from them now than before, he 
did not however receive much satisfaction as to this point 
during his administration here, tho' a respectful notice was 
then taken of it, among the other things of importance. 

The first question put by the assembly after their ]\Ieet- 
ing was, how far the laws of the province and constitu- 
tion of the government founded on the powers of the kings 
letters patent to the proprietary W. Penn were in force, 
upon which they came to the following resolutions. 

"Resolved N. C. D. that the laws of this province that 
were in force and practice before the arrival of this present 
governor are still in force, and that the assembly have a 
right humbly to move the governor for a continuation or 
confirmation thereof — That some persons be appointed as 
a committee to draw up an humble address to the governor 
to continue and confirm our s^ laws. 

" That in the address we may give the governor the ut- 

4 49 



50 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

most assurance we are capable of, in the present circum- 
stances we are under to answer the queens letter, and the 
governors desire. 

" That the peoples rights be asserted w*'' our humble re- 
spect to the king and queens pleasure, and his commission." 

The above mentiond address with the governors reply 
to it were as followeth. 

"To Benjamin Fletcher Esq"" captain general and gov- 
ernor in chief in and over the province of Pennsylvania, and 
county of New Castle — the humble address of the freemen 
of the said Province and county sheweth — 
" That since it hath pleased the king and queen that the 
absence of our proprietaries personal attendance in this 
government should be supplied by thee or thy lieutenant, 
we the representatives of the freemen of the said province, 
and territories (with due respect to the powers of thy com- 
mission, and hearty acknowledgment of thy good will, care 
and tenderness towards us) do readily acquesce with the 
kings pleasure therein, earnestly beseeching that our pro- 
ceedure in legislation may be according to the usual method 
and laws of this government founded upon the late kings 
letters patent, which we humbly concieve to be yet in force, 
and therefore we desire the same be confirmed unto us as 
our rights and liberties. And we (with all faithfulness and 
sincerity) do give what assurance we are capable of in the 
present circumstances we are under, to answer the queens 
letter and thy request according to our ability. 

" Third month l?*** 1693 " 

The governors answer — 

" Gentlemen, 

" I with the council have considered your address, and am 
sorry to find your desires grounded upon so great mistakes. 
The absence of the proprietary is the least cause mentiond 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 51 

in their majesties letters patent, for their majesties assert- 
ing their undoubted right of governing their subjects in 
this province; there are reasons of greater moment, as the 
neglects and miscarriages in the late administration, the 
want of necessary defence against the enemy, and the danger 
of being lost from the crown. 

" The constitution of their majesties government, and that 
of Mr. Penns, are in a direct opposition one to the other; if 
you will be tenacious in stickling for this, it is a plain demon- 
stration, use what words you please, that indeed you de- 
cline the other. 

" I shall readily concur with you in doing anything that 
may conduce to your safety, prosperity and satisfaction, 
provided your requests are consistent with the laws of Eng- 
land, their majesties letters patent, and the trust and confi- 
dence their majesties have reposed in me. 

" Time is very precious to me, I hope you will desist from 
all unnecessary debates, and fall in earnest upon those 
matters I have already mentiond, and shall have to rec- 
ommend to you, and for which you are principally convened. 
" By his excellency's order 

"David Jamison CI: Council" 

This answer being debated in the house, it was put to 
the question, whether they might safely act in legislation 
in conjunction w*^ the governor according to the kings 
letters patent. 

And carried in the affirmative N. C. D. 

'' It was also put to the question, whether this clause shall 
be added to the last vote, viz: provided that the aforesaid 
resolve, may not be construed deemed or taken to our prej- 
udice, but we have the benefit of being governd by the 
laws and constitutions of this government so far as is con- 
EOfitent w*^ the tenor of the kings letters patent to our 
present governor Fletcher, and that our proceeding therein 



52 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

is in conformity to the kings pleasure, and not the least 
apprehension of any forfeiture of our rights in legislation. — 
Resolved in the affirmative N. C. D." 

This done the following remonstrance in answer to the 
governors reply to their address, was then agreed on, and 
sent to the governor. 

"To Benjamin Fletcher Esq: Captain, general and governor 
in chief in and over the province of Pennsylvania, county 
of New Castle, and tracts of land depending. — 
" The remonstrance of the freemen of the said province and 

county in assembly, most humbly sheweth, 
''That having with all dutiful respect, read and considerd 
the governors answer to our addi'ess this morning; we, in 
answer thereunto, with submission say, we conceive that 
our desires were not grounded on mistakes, in relation to 
the proprietaries absence. 

*' But as to the other clause mentioned by the governor of 
their majesties asserting their undoubted right of govern- 
ing their subjects in this province &c, we, with all readiness 
and cheerfulness own accordingly to be the right of the 
king and queen, whose prosperity and happy reign, we 
heartily desire, and to the other reasons renderd for the 
superceding our proprietaries governancy, we apprehend 
are founded on misinformations, for the courts of justice 
were open in all counties in this government, and justice 
duly executed, from the highest crimes of treason and 
murder, to the determining the lowest differences about 
property, before the date or arrival of the governors com- 
mission; neither do we apprehend that the province was in 
danger of being lost from the crown, altho' the government 
was in the hands of some, whose principles are not for war, 
and we conceive that the present governancy hath no direct 
opposition (with respect to the kings government here in 
general) to our proprietary W. Penn's, tho' the exercise of 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 53 

thy authority at present supercedes that of our said pro- 
prietaries, nevertheless we readily own thee for our lawful 
governor, saving to ourselves & those whom we represent our 
and their just rights and priveledges. 
" The 19^^ of the " Joseph Growdon Speaker." 

3*^ month 1693" 

What reply the governor made, or whether any, does not 
appear, but the assembly having thus modestly asserted 
their priveledges, proceeded to pass sundry laws; one for 
the support of government,* & others which were thought 
necessary to be renewd or repealed for the public good, 
these last being sent to the governor and council, they de- 
taind them for some time to see what the assembly would 
do in consequence of the queens letter, this delay occasiond 
the house to send the following petition to the governor. — 

* That for the support of government was as followa. — Anno regni GuUelmi 
et Marioe regis et regin, Anglioe, Scotice, Francice et Hibernice quinto. 

An Act for granting to king William and queen Mary the rate of one penny 
per pound, upon the clear value of all the real & personal estates, and six 
shillings per head upon such as are not otherwise rated by this act, to be em- 
ployed by the governor of this province of Pennsylvania, and territories thereof 
for the time being towards the support of this government, since it hath 
pleased the king and queen to take the government of this province and 
counties into their own hands, and supply the absence of our proprietor by 
so worthy a person, who gave us such great assurances of his good desires to 
preserve and confirm us in our rights and hberties. — We the representatives 
met in general assembly, with the humble submission to the king and queens 
pleasure therein, & with all dutiful acknowledgments of their care and tender 
regard to the reasonable laws and constitutions, as well as protection of this 
government, do humbly present the said king and queen, with the free gift 
of the rates and assessments herein after mentioned, which we desire they 
would please to accept of, as a testimony of our dutiful affections towards 
them, and we do likewise desire that the king and queen would be pleased 
to give and allow one half thereof to Benjamin Fletcher, captain general, and 
governor in chief in and over this province and country &c, that it may be so 
enacted. 

Be it therefore enacted by the governor, council, and representatives con- 
vened in general assembly, and by the authority of the same, that all and 
every person and persons within this government, having any personal estates, 
either in their possession or in the possessions of others in trust for them over 



54 HISTORY OF THE PROVINCE OP PENNSYLVANIA 

" To Benjamin Fletcher esq: captain general, and governor 
in chief in and over the province of Pennsylvania, county 
of New Castle and tracts of land depending. 
"The humble petition of the freemen of the said province 
and county in assembly met, sheweth, 
" That they being deeply sensible of the many inconven- 
iences that may attend a misunderstanding between the 
governor and freemen, do earnestly desire all occasions may 
be taken away, and with all humility beg the governor 
would be pleased in tender regard to the trust lodged in 
the said representatives, to condescend so far as to inform 
them which of their bills the governor will accept, amend, or 
reject, that by knowing w°^ of the said bills are disliked by 
the governor, the assembly may dispose themselves to 
acquiesce with the governors pleasure, or endeavor to satisfy 
the governor and council with the reasonableness of the 

and besides the household goods and implements they use and such sums of 
money as they really owe or ought to pay, shall yield and pay to the use afore- 
said, after the rate of one penny per pound, and to the end that this tax may 
be laid with as much equality and indifference as may be, upon all lands within 
this government, and that a due regard may be had to the many tracts of 
uncultivated and unprofitable lands, which produce rather a charge than 
profit to the owners thereof, Be it enacted by the authority aforesaid, that 
all lands, and other real, as also the personal estates, shall be and are hereby 
charged for one year only and no longer, with one penny for every pound 
clear value. 

And be it further enacted by the authority aforesaid, that all free men 
within this province and territories, who have been out of their servitude by 
the space of six months, and shall not be otherwise rated by this act, nor 
worth one hundred pounds, shall pay unto the use aforesaid the sum of six 
shillings per head. Provided always that our chief proprietary, and his late 
deputies in government shall not be assessed or otherwise chargeable by virtue 
of this act. Provided also, that no person or persons shall be taxed by this 
act, who have a great charge of children and become indigent in the world, 
and are so far in debt that the clear value of their real and personal estate 
doth not amount to thirty pounds. 

And be it further enacted by the authority aforesaid, that for the better 
assessing, ordering levying and collecting the several sums of money, so to be 
paid as aforesaid, and for the more effectual putting this act in execution, it 
shall and may be lawful for all or any two or more of the members of this 
assembly, within the respective counties for which they serve, to call to their 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 55 

said bills, which being done will remove all doubts and 
troubles from our minds upon that occasion, and we shall 
proceed with cheerfulness to finish this general assembly 
to the kings honor and general satisfaction of the governor 
and government." 
"Third month 31. 1693" 

Notwithstanding the soft and pliant terms of this peti- 
tion, there was a party in the house who strenously asserted 
their undoubted rights, as founded upon their then charter 
of priveledges, but being the smaller number, all they could 
do, at length terminated in the following protest. 

" Philadelphia fourth mo: 1. 1693. 
" We whose names are hereunto subscribed, representa- 
tives of the freemen of this province in assembly do declare 
it is the undoubted right of this house to receive back from 

assistance three of the justices or other substantial freeholders of the respec- 
tive counties, and within two months after the publication hereof, to meet 
together at such place or places, within each county as they shall respectively 
agree upon, in order to assess the rates mentioned in this act, and also to 
appoint receivers or collectors to receive or gather the same, and after such 
meeting had, the said assessors shall by warrant from some justice of the 
peace of the proper county, cause the constables within the said county, to 
bring in certificates in writing of the names of every person residing within 
the limits of those places, with w'='^ they shall be charged, and of the sub- 
stances and values of every of them who are to be rated by this act, which 
said constables shall be paid or allowed by the collectors three pence per 
pound for their trouble therein. And the said assessors are hereby enjoined 
to ascertain and inform themselves by all lawful means they can of the true 
valuation of the clear estates, both real and personal, within those counties 
and limits, with which they shall be charged respectively, and being so there 
of ascertained they are to assess themselves and others for and in respect of 
the said estates according to the rates aforementiond, having due regard to 
the ability of the people and to the unprofitable land they hold, and there- 
upon to appoint such and so many collectors or receivers thereof, as they the 
said assessors shall think fit within their respective limits, for which service 
the said assessors shall receive or be allowed six pence per pound out of the 
said assessment. 

And be it further enacted by the authority aforesaid, that the rates, assess- 
ments and taxations aforesaid shall be made and ascertained w"" what ex- 
pedition may be, so that the moiety or half part thereof, may be levied, 



56 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

the governor and council all such bills as are sent up for 
their approbation or amendments; and that it is as neces- 
sary to know the amendments and debate the same, as the 
body of the bills, and that the denial of that right is destruc- 
tive to the freemen of making laws, and we also declare it is 
the right of the assembly, that before any bill for supplies 
be presented for the last sanction of a law, aggrievances 
ought to be redress'd: Therefore we with protestation 
(saving our just rights in assembly) do declare that the as- 
sent of such of us as were for sending up the bill for the 
supply this morning, was merely in consideration of the 
governors speedy departure, but that it should not be drawn 
into example, or precedent for the future. David Lloyd, 
Samuel Richardson, James Fox, John Simcock, John 
Swift, Samuel Preston, Samuel Carpenter, John White, 
George Maris, Henry Paynter." 

collected and paid to the receivers respectively on or before the tenth day of 
the ninth month next, and the other half thereof, on or before the tenth day 
of the second month in the year 1694 at such places as the said assessors shall 
appoint, w"^ said assessments with the names and several values of their 
respective estates, together also with the real sums levied by this act, shall be 
returned and fairly certified bj' the said collectors to the next general assem- 
bly, after the same is assessed as aforesaid. 

And be it further enacted by the authority aforesaid that if any of the said 
assessors shall neglect or refuse to make such assessments as by this act is 
required, or in case the collectors so as aforesaid chosen shall deny, neglect 
or refuse to collect any sum or sums of money inform aforementioned assess'd, 
and be convicted thereof shall be fined at the discretion of the justices of the 
respective county courts. 

And be it further enacted by the authority aforesaid, that if any person or 
persons whatsoever within this government, who shall be assessed or rated 
any sum or sums of money by virtue of this act to be levied, shall deny refuse 
or delay to pay the same that then it shall and may be lawful for any such 
collector by virtue of a warrant under the hand and seal of any justice of the 
peacje for the county where such offender shall reside, who by virtue of this 
act are required and authorised to grant such warrants to levy the same by 
distress and sale of such person or persons goods and chattels, returning the 
overplus if any be, to the owner after the sum assessed or distrained for, with- 
all charges are deducted. 

And be it further enacted by the authority aforesaid that the monies or 
effects gatherd & received by the said collectors within their respective limits 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 57 

The governor in pursuance of the assemblies petition, 
complied in sending several bills back, with his objections 
for amendment, which being agreed to be afterwards passed, 
and others as at first sent up without any amendments, and 
the rolls of such of the old laws which the assembly did not 
think fit to repeal, to prevent any doubt of their being in 
force, being sent up to him, were signed by him for confirma- 
tion; after which he dissolved the assembly by their own 
advice, and quickly seting out for his government at New 
York, in some time returned, but did not stay long at a time 
— he was in Pennsylvania in the fourth month of the next 
year, when some emergent affairs requiring his attendance at 
Albany, he left William Markham, his deputy governor in 
Pennsylvania, with orders to adjourn the Assembly; then 
appointed to meet, to another time, and meeting them again 
in the third month 1694 sent the following message: 



by virtue of this act, shall from time to time be duly paid to such treasxirer or 
treasurers as shall be appointed by the governor to receive the same, whose 
receipts shall be a sufficient discharge unto such collectors, which said collec- 
tors for gathering the said particular sums, shall retain in their hands respec- 
tively, for every twenty shiUings by them paid in as aforesaid ; the sum of one 
shilling as a reward for their pains and service: Provided always that if any 
person or persons certified assessed or rated for or in respect of any estate, for 
which by tMs act he or they is or may be rated, do find him or themselves 
agrieved with such rating and do within ten days after, complain to any three 
of the assessors that signed or allowed his or their rate who shall within ten 
days after such complaint particularly examine the person complaining, or any 
other person touching the value of the complainants real and personal estate, 
and thereupon the said assessors shall abate, default, or increase the said 
assessments according as complaints shall appear to be worth, either by the 
parties own attest, or proof of others. 

And be it further enacted by the authority aforesaid that if any person be 
sued for anything done in pursuance of this act, such person so sued may 
plead the general issue, and give this act in special matter in evidence, and if 
the plaintiff or prosecutor shall be cast, the defendant shall recover treble 
damages: Provided always that none shall be hereby punished by virtue of 
this act, for any neglect or miscarriage in the execution thereof, but within one 
year after such offence : Provided also. And be it further enacted by the author- 
ity aforesaid, that the several collectors shall gather & receive the respective 
sums assessed as aforesaid in current money of this province, or for want there- 
of, in good merchantable country produce, at the current market price. 



68 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

"Philadelphia May 23, 1694 
" Pennsylvania and New Castle ss. 

" Mr. Speaker, and you gentlemen of the assembly — 

" I designed to have met you the tenth of the last month 
here, according to the writts which I directed to issue for 
calling this assembly, their majesties service required my 
hasty repair to Albany, upon intimation that the five 
Indian nations, who have hitherto been faithful to the 
crown of England, were now debauched to the french in- 
terest, and entering into a league with the governor of 
Canada : This defection appeard to me with so ill an aspect, 
when I consider'd the consequences of it, not onlj'- to New 
York but to this province, and all the neighbouring colo- 
nies, that I thought myself obliged to lay all other business 
aside, and apply the utmost of my endeavors to prevent so 
great a mischief. I would willingly have spared myself 
this journey, if my duty to their majesties, and my affec- 
tions to you their subjects of this province had not com- 
pelled me to it. 

" I am therefore come with a true and unfeigned zeal for 
your safety and prosperity, to lay before you this matter, 
and in order to your full satisfaction, I have brought with 
me the papers relating to the conference I had lately with 
these Indians, by which you may see what they alledge. I 
must also assure you, that your Indians here will be com- 
pelled to join in this fatal confederacy. 

" I have lately seen with a heavy heart, four score fine 
farms all deserted about Albany, after the great expence of 
the owners in building and improving; which has been oc- 
casiond rather by the unkindness of our neighbours who 
refused us their assistance, than by the force of the Enemy 
— could we have found men to secure our advanced posts, 
Canessagioena, and the half moon, these farms would have 
flourished still. I pray God this leprosy may spread no 
farther, but I much doubt those who have shut their eyes 
at a distant danger, will find it come to their own doors. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 59 

'' I am bound as well in justice as gratitude to acknowledge 
our neighbours in the Jerseys have done more in the com- 
mon defence, than all the other ajacent provinces, — they 
sent us four hundred pounds in silver, sixty odd proper men 
well armed, who passed upon duty on the frontiers one 
year, they have now sent up thirty men at their own charge 
and considerd of a way for their maintenance during the 
war. Gentlemen — I consider your principles; that you will 
not carry arms, nor levy money to make war, tho' for your 
own defence, yet I hope you will not refuse to feed the hungry 
and cloath the naked, my meaning is, to supply those Indian 
Nations with such necessaries as may influence them to a 
continuance of their Friendship to these provinces. 

" And now, Gentlemen, if you will consider wherein I may 
be useful to you, according to the tenor of my commission, 
in redressing your grievances, if you have any, you shall 
find one ready to act by the rules of loyalty, with a true 
regard to hberty and prosperity." 

What return was made to the latter part of the Message 
does not occur, but in this and the succeeding session in 
September this year, several laws were passed, which ends 
the administration of governor Fletcher. 



CHAPTER VI. 

William Penn Restored to His Government — Sends a Commission to W™ 
Markham, to be His Lieutenant Governor. — The Petition oj Right so 
called, as Agreed on by the Assembly in Fletcher's Administration. 

In the latter end of the last year, Will'" Penn, through 
the mediation of his friends, the lords Rochester, Ranelagh 
& Sidney, in which lord Somers, the duke of Buckingham 
and Sir John Trenchard were also assisting, was admitted 
to make his innocency appear, which he did so effectually 
that he was not only readily acquitted of the charge ags* 
him but had his government restored, the three first men- 
tiond lords went to the King the 25 November and rep- 
resented to him W. Penns case as not only hard, but oppres- 
sive; that there was nothing against him but what imposters 
or those that were fled, or that had since their pardon, 
refused to verify (and had asked W. Penn pardon for say- 
ing what they did) had alledged against him; That they 
(the lords) had long known W. Penn, some of them 30 years, 
and had never known him to do an ill thing, but many 
good offices, and that if it was not for being thought to go 
abroad in defiance of the government, he would have done 
it two years ago, that he was therefore willing to wait to go 
about his business as before with leave that he might be 
the better respected in the liberty he took to follow it. 
King William answerd, that W. Penn was his old acquain- 
tance as well as theirs — that he might follow his business 
as freely as ever, and that he had nothing to say to him; 
upon which they pressed him to command one of them to 
declare the same to the secretary of state, Sir John Trench- 
ard, that if he came to him or otherwise he might signify 
the same to him, which the king readily did, and lord Sidney 
as Penns greatest intance* was to tell the secretary, 

* Manuscript torn. Probably acquaintance. — Ed. 
60 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 61 

which having accordingly done, the secretary after speaking 
himself, and having it from king WiUiams own mouth, 
appointed Penn a time to meet him at home and then (the 
30*^ of November) in company with the marquis of Win- 
chester told him he was as free as ever, adding that as he 
doubted not his prudence about his quiet living, so he as- 
sured him, he should not be molested or injured in any of 
his affairs, at least while he held that post. 

W. Penn being thus at liberty, and again reinstated in 
his government, soon afterwards sent a commission to 
WilHam Markham, to be his lieutenant governor of the 
province of Pennsylvania and territories. 

During governor Fletchers administration, the assembly 
had in modest vindication of their priviledges drew up a 
paper, which they calld the petition of right, and sent, but 
at what time is not certain," to that governor in the follow- 
ing terms. 

[Take it in from the Penns* Votes, vol: 1. p: 99 &c.] 

» It passed the house the 30»i> of the Z^ mo. 1693. 



CHAPTER VII. 

William Mahkham Lieutenant Governor — Copt of His Writ to Summon 
THE Assembly — Remonstrance from the Assembly to Him — The 
Third Frame of Government — Relief for the Albany Indians — 
William Penn with His Wife & Family Arrives — He Meetb the Assem- 
bly — Agrees with Them Upon a Charter — His Speech to Them — 
The Assemblys Address — Grants the City of Philad* Their Charter 
— He Returns to England — Leaves the Gov* Under Care of Andrew 
Hamilton. 

1696. William Markham being now lieutenant governor 
of Pennsylvania, and territories under William Penn, called 
an assembly to meet him pursuant to law and charter the 
26*** of the 8*^ month 1696,'^ who having chose John Sim- 
cock of Chester their speaker, proceeded to observe by 
message to the governor, that tho' he had convened them 
by his writs, not so conformable to their charter as they 
could have desired, yet they had obeyed the same and 
considered what he had laid before them, viz: to answer the 
late queens letter and the proprietaries promise upon hia 
restoration to the government, on which they told him they 
were unanimously ready, and willing to perform their duty 
therein, so far as in them lay if the governor would settle 
them in their former constitutions, enjoyd before the govern- 
ment was committed to governor Fletchers trust. 

^ (The form of his writ for that purpose may be seen by the following to 
the sheriff of Kent. 

|William Markham ^sq: governor, under William Penn absolute pro- 

P prietary of the province of Pennsylvania and counties annexed: To 

Arthur Meston sheriff of the county of Kent, Greeting, 

Whereas their sacred majesties William and Mary, by the grace of God, 
king and queen of England, Scotland, France and Ireland, defenders of the 
faith &c, did by their letters patent under the great seal of England, bearing 
date the one and twentieth day of October in the fourth year of their reign, 
for the reasons therein exprest, find it absolutely necessary to take the gov- 
ernment of their said province of Pennsylvania into their own hands, 
and under their immediate care and protection, and therefore did constitute 
and appoint Benjamin Fletcher esq. captain general and governor in chief of 
62 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 



63 



Having sent a message to this effect the speaker with 
the house waited upon the governor by his desire; he de- 
liverd a letter to them from their late governor Fletcher, 
still desiring they might make some law, for the rehef of 
the Indians at Albany; the house thereupon appointed a 
committee to meet a committee of the council to consider 
of a way to answer the queens letter mentioned before, and 
to preserve the peoples priveledges, and accordingly meet- 
ing together the expedient they fell upon, as reported to 
the house was thus. 

"At a committee the thirty first of the eighth month 1696. 
The matter committed to consideration being what may 
be the best expedient to answer the queens letter with this 
proviso, that the governor at the request of the assembly 
will be pleased to pass an act with a salvo to the proprie- 
tary and people, and that he will also issue out his writs for 
chusing a full number of representatives on the tenth day 
of the first month next to serve .in provincial council and 



their majesties province of New York, to be captain general in and over their 
said majesties province of Pennsylvania, and the counties of New Castle and 
all the tracts of land depending thereon in America, thereby commanding 
and requiring him the said Benjamin Fletcher to take the said province of 
Pennsylvania and country under his government who accordingly took the 
same under his government by publication of the said letters patent, in the 
town of Philadelphia upon the 26*'' of April 1693, and whereas their sacred 
majesties have since been most graciously pleased by their letters patent 
under the great seal of England, bearing date the 20^'' day of August in the 
sixth year of theu- reign, for the reasons therein exprest. To restore the said 
William Penn, proprietary of the said province of Pennsylvania, and ter- 
ritories unto the administration of the government thereof, and whereas the 
said W" Penn has been pleased by his commission under his hand and seal of 
the said province, bearing date the 24"' day of the 9*'' month 1694 to consti- 
tute me governor under him of the said province of Pennsylvania, and coun- 
ties annexed, strictly charging and commanding me to govern according to 
the known laws, and usages thereof. I TTierefore by virtue of the said power 
and authority derived unto me command you, that forthwith you summons 
all the freemen of your said county to meet upon the tenth day of April at 
the usual place of meeting, then and there according to law, & charter; to 
chuse three persons to serve in provincial council, one for three years, one for 
two years, and one other for one year, and six persons to serve as members 



64 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

assembly according to charter untill the proprietaries 
pleasure be known therein, and that if the proprietary shall 
disapprove the same, that then this act shall be void and no 
ways prejudicial to him nor the people in relation to the 
validity or invalidity of the said charter." 

This was approved by the assembly N. C. D. — two bills 
were prepared for the purposes mentioned, one for setling 
the government, the other for answering the queens letter 
and support of government. In the last of these, provision 
was made for raising three hundred pounds for relieving 
the distressed Indians inhabiting above Albany in auvswer 
to the queens letter, but there being immediate occasion 
for remitting the same to col: Fletcher at New York to 
supply the present necessity, the money was borrowed 'till 
it could be raised by the act, and applied to the use in- 
tended, as we sTiall see presently. 

of assembly, and upon the election of members of council to acquaint them to 
attend me on the 20*''' day of April next at Philadelphia to form a provincial 
council to advise with me in matters relating to the government, whereof 
they are not to fail, and make return of the names of the said freemen so to 
be chosen, and of this writ into the secretarys office for the said province and 
territories, at and before the said 20*'' day of April next: — hereof fail not at 
your peril, and for your so doing, this shall be your sufficient warrant. Given 
under my hand and seal of the province this 26"* day of May Annog. R: 
Ret R & Gulielmi et Marice cum angleis C' septime in the 14*'' year of the 
Proprietaries government, A?inog: Dom: 1695 W"" Markham. 

Governor Markham first met an assembly after the government was 
restored to W. Penn the 10*'' of the month calld April 1696 — their proceed- 
ings will appear by the following remonstrance. — 

" To William Markham governor under William Penn, proprietor of the 
province of Pennsylvania, and territories thereunto belonging — 

"The remonstrance of the freemen of the said province and territories, 
convened in assembly by virtue of the governors writs at Philadelphia the 
26"' of October in the eightth year of king Williams reign over England &c, 
Annog: Dom: 1696, 
Humbly sheweth, 

" That whereas the late king Charles the second by his royal charter made in 
the 33"* year of his reign, under the great seal of England was pleased to eig- 
mfy that William Penn (out of commendable desire to enlarge the English 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 65 

The first of these bills being finished, & with four others 
passed by Markham, it thence became the third frame of 
government, and being afterwards enforced by some other 
laws continued until the year 1701/ 

1697. Governor Fletcher of New York notwithstanding 
the supplies sent from Pennsylvania for the Albany Indians 
still continued to press for more, and in a letter of this year 
to Markham, tells him that the three hundred pounds sent 
last year was expended in contingences to feed and cloath 
the Indians as was desired, and requested further assistance, 
the committee of the council and assembly which met upon 
that occasion, made the following report which concludes 
that matter. 

"At a committee consisting of several members of coun- 
cil and assembly appointed to consider of governor Fletchers 
demands of a further assistance to the government of New 
York the twelfth day of the third month 1697. 

empire, and promote such useful commodities as might be of benefit to the 
king and his dominions, as also to induce the savage nations by gentle and 
just manners, civil society and christian religion) had humbly sought leave 
to transport an ample colony into this country, wherefore the said king, 
favoring the petition and good purpose of the said William Penn did in and by 
the said charter for him, his heirs and successors, give and grant unto the said 
W. Penn, his heirs and assigns, all this said country and tract of land calld 
Pennsylvania, and constituted him the said W. Penn, absolute proprietor 
thereof vesting him, and such as were to be adventuring with him, the setlers 
and inhabitants of the said province, with divers powers, priveledges, and 
immunities, under the reservations, proviso's and restrictions in the said 
charter specified, charging all officers &c, to be at all times aiding and assist- 
ing to the said W. Penn, and unto the said inhabitants and merchants of the 
said province in the full use and fruition of the benefits of the said charter. 

" In pursuance whereof the said W. Penn and divers substantial persons 
who first embarkd with him in that so commendable a design did soon after- 
wards by the advice of learned council, conclude upon a certain frame of gov- 
ernment, consistent with the powers of the said patent, but suitable with the 
religious persuasion of the major part of the undertakers, and well accomo- 
dated to all. This model together with the franchises and immunities expressly 
granted by the aforesaid letters patent to the people, did induce them to con- 
ceive (and we hope upon just ground too) that since the king had been so 

'^ Appendix to Pennsylv* votes p. viii. 
5 



66 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

"Having read his letter dated May the 4*** 1697 and weight- 
ily considerd the same, we can do no less than acknowledge 
his, and that governments regard and candor to us, in ap- 
plying the three hundred pounds, which he pleases to 
mention sent from this government, as intended, viz: to 
feed and cloath the distressed Indians, only this we would 
desire, he might be given further to understand that the 
said three hundred pounds was about six months ago, bor- 
rowed at Interest upon the credit of an act of the last 
assembly for raising the same and is not yet repaid, where- 
fore considering the infancy and poverty of this govern- 
ment, which also lieth under other considerable debts, we 
do not find that we are capable at present to raise any 
more money for that service, which we desire our governor 
may accordingly, with our readiness to observe the kings 
further commands according to our religious persuasions 
and abilities." 

favorably pleased to incorporate them, and in so great a measure, connected 
the peoples priveledges with their properties that they could not be any more 
divested of the one than the other, but by due course of law proved more than 
ordinary motives to include several hundreds to transport themselves and 
families into this country out of divers parts, so that this province hath not 
been at first populated under W. Penns government with transported felons 
or criminals, but mostly the people called Quakers, men of truth and sobriety, 
having visible estates and credit in the old world, who with no less desires than 
freedom to answer the end of the kings grant with respects to propagate the 
christian religion were made willing to leave their native land, part with their 
friends and near relations, and remove themselves into this wilderness hop- 
ing to enjoy their said priveledges and liberties, more than any prospect they 
had of worldly advantage or preferment, and when they arrived here, exposed 
themselves and tender families to great hardships (attending with the hazards 
and inconveniences of a new plantation) exhausted their own estates, and have 
not been at all chargable to the crown in so considerable a settlement as is 
well known, but before they could thoroughly come into a comfortable way 
of living and put themselves into a capacity to pay either their particular or 
public debts, this government became (it seems) as the Butt of our neighbours 
envy, who misrepresenting things at home, did obtain a commission from the 
king and queen, constituting colonel Fletcher commander in chief over this 
province and territories, who during his goverance diverted the course of our 
legislative proceedure, and introduced another method, and continued the 
same until the said king and queen were favorably pleased by their letters 



HISTORY OF THE PROVINCE OF PENNSYLVANIA . 67 

1699. In the sixth month this year, W. Penn, with his 
wife and family took shipping for the province of Pennsyl- 
vania, but did not arrive till the begining of the tenth 
month following, being some time before they left the Eng- 
lish coast, and after that were near three months at sea. 
Upon their landing they were received with many marks of 
respect from all sorts of people, whose joy was the greater 
in that they had reason to expect they were now come to 
settle among them. 

Soon after his arrival he met the assembly, but it being 
an unseasonable time as to weather, much business was 
not done. At their meeting in the third month the next 
year, they fell upon the new charter, that of 1696 not 
being satisfactory to many of the inhabitants of the three 
upper counties, commonly called the province, but the 
new one was not fully agreed on till the succeeding year, it 
had been at times under consideration ever since the pro- 
patent to restore the said proprietary to the administration of the govern- 
ment of this province and territories, upon which restoration the power and 
authority which col. Fletcher had made use of to lay aside our chart'oral 
rights and priveledges whereby the said patent determined and was made void. 

"Wherefore the proprietary thought fit to authorize thee to act according 
to the known laws and usages of this government, in pursuance whereof, 
thou wast pleased to issue forth thy WTits directed to the respective sheriffs 
of this province and territories commanding them to summon all the freemen 
of the respective counties to meet upon the 10"' day of the month called April 
1695 in the usual place of meeting, then and there accord^ to law and charter 
to choose three persons in each county to serve in provincial council, one for 
three years, one for two years and the other for one year, and six persons out 
of each county to serve as members of assembly. In obedience to which writs, 
elections were made and a general assembly began to be held here on the tenth 
day of September 1695, and tmly those of us that attended that service were 
glad when thou so frequently express'd thy readiness to confirm our rights 
and priveledges, adding that thou would not as much as endeavor to diminish 
them, which gave further encouragement to the then representatives, who 
with much alacrity and dutiful acknowledgements of the kings justice and 
favor in restoring the said proprietary to his rights, did proceed to manifest 
their affections to the king as well as their readiness to answer his expectations 
about supporting this government so far as in conscience they could according 
to their ability and circumstances of affairs, and so agreed to make an assess- 
ment of money upon all estates within this province and country for the sup- 



68 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

prietary's last arrival, and was finished in October 1701 
being then accepted by the representatives of the province.*' 

1701. Tho' the representatives from the province or 
upper counties were contented with this charter, it was 
entirely rejected by the members from the three lower 
counties, which had been till this time annexed to the prov- 
ince, under the name of the territories so that a breach 
ensued, which at length terminated in an entire separation — 
those from the province & the three lower counties having 
ever since composed assemblies independent of each other, 
as had been provided by this charter in case of disagree- 
ment; of this, more hereafter. 

W. Penn had with his family come to Pennsylvania this 
last time with a full determination to settle there, and 
accordingly had applied himself to the offices of govern- 
ment, in which the difficulties arising from different claims, 
dispositions and interests had however afforded him suffi- 

port of government, which together with the £250 sterUng theretofore raised 
and made payable to col: Fletcher toward the support of tliis government, 
and not expressly appointed for any other particular use, they the said repre- 
sentatives humbly desired might be deemd and taken instead of the assistance 
required from this country, the same being in answer to the late queens letter 
so far as in conscience & abilities they could comply therewith, and so they 
perfected the bill ready for thy passing, having joined therewith only one bill 
model'd with thy approbation and corrected according to thy own direction, 
containing some fundamental liberties, which we look upon to be as much the 
peoples rights, as the land they hold. — But instead of giving sanction to 
those bills, thou hast contrary to the tenure of the said writs and against our 
legislative right and priveledges undertaken to dissolve both council and assem- 
bly, which we understand was so surprizing and unexpected to the said repre- 
sentatives that they had neither time to explain your real intentions in what 
they urged and insisted on nor opportunity to see your minutes our journal 
perfected: whereby your proceedings might have been more fully and fau'ly 
renderd — And we are given to understand and those of us that were concerned 
in that dissolved assembly, do declare, that where anything has been there 
voted about proceeding in legislation, without the formality of promulgating 
bills according to charter, it was chiefly to expediate the passing the money 
bill to answer the late queens letter in manner aforesaid, and not intending 
to be brought into example, unless agreed on to be inserted in the other bill 



y See the votes, 2'^ part, p: 1. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 69 

cient trials of skill & patience. His administration was not- 
withstanding distinguished by great paternal care and 
influence, and both province and territories were in the 
main in an easy and florishing condition, but some persons 
in England taking the advantage of his absence were now 
endeavoring to undermine both his, and other proprietary 
governments under the spaccious pretence of advancing the 
prerogative of the crown, and a bill for that purpose was 
actually brought into the house of lords, on which, such of 
the owners of land in Pennsylvania, as were then in Eng- 
land presently represented the hardship of their case to 
parliament, soliciting time for W. Penns retm-n to answer 
for himself, and accordingly giving him a speedy account 
how matters stood, they prest his coming over with all 
speed, with which he found it indispensible to comply. 
This was the occasion of his first summoning the assembly 
that agreed to the charter above, and to whom on the 16*^ 
of September this year, he made the following speech viz: 

"You cannot be more concerned than I am, at the fre- 
quency of your service in assembly since I am very sensible 
of the trouble and charge it contracts upon the country, 
but the motives being considered, and that you must have 
met of course in the next month, I hope you will not think 
it vexatious now. 

or new act of settlement. And we also understand that where mention was 
then made of any difficulty or inconvience in reassuming the charter, it was 
but in circumstantials and had respect only to the time of meeting, number 
of members and such like, not that we then did or now do think that the 
people had any way forfeited or lost the benefit and priveledges in those 
branches thereof, which direct that this government according to the powers 
of the kings patent, and the late duke of Yorks deed of feofment should con- 
sist of the proprietary governor and freemen of the said province and terri- 
tories, and in form of a provincial council and assembly chosen by the people, 
and that the governor or his deputy should perform no act of state that relates 
to the justice, trade, treasury, or safety of the province and territories, but by 
the advice of the said provincial council, and such other fundamental parts 
of the said charter wherewith we are invested by virtue of the kings letters 
patent for restoring the proprietor: Now, for as much as thou hast refused to 



70 HISTORY OF THE PROVINCE OP PENNSYLVANIA 

" The reason that hastens your sessions is the necessity I 
am under thro' the endeavors of the enemies of the pros- 
perity of this country, to go for England, where taking the 
advantage of my absence, some have attempted by false 
or unreasonable charges to undermine our government, 
and thereby the true value of our labors and property, 
government having been our first encouragement. 

" I confess I cannot think of such a voyage without great 
reluctancy of mind, having promised myself the quiet of a 
wilderness, and that I might stay so long at least with you 
as to render every body entirely easy and safe, for my heart 
is among you as well as my body, whatever some people 
may please to think, and no unkindness or disappointment 
shall (with submission to Gods providence) ever be able to 
alter my love to the country, and resolution to return and 
settle my family and posterity in it, but having reason to 
believe I can at this time best serve you and myself on that 
side of the water, neither the rudeness of the season, nor 
the tender circumstances of my family can, overrule my 
inclination to undertake it. 

" Think therefore since all men are mortal of some suitable 
expedient and provision for your safety as well in your 
priveledges as property, and you will find me ready to com- 
ply with whatsoever may render us happy by a nearer 
union of our interests. 

pass the said bill or new act of settlement, and not inclined to the advice of 
thy assistant in issuing forth writs for chusing members of council and assem- 
bly on the last charteral day of election, but used thy endeavors to discourage 
the people then to elect, and hast now convened us contrary to our former 
usage, notwithstanding we still hold ourselves concerned to embrace this 
opportunity, as we are and shall be ready upon all occasions to express our 
duty and affection to the king for his justice and favors to this government 
and our well wishes to thyself, desiring thee to take some speedy course to 
estabUsh us in our just rights and priveledges whereby we may be in a fit 
posture effectually to answer and observe the kings command relating to this 
government and the proprietarys engagements in that behalf, so far as our 
religious persuasions can admit. 

" Signed by order of the house, 

"John Simcocke speaker." 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 71 

" Review again your laws, propose new ones that may 
better your circumstances, and what you do, do it quickly, 
remembring that the parliament sits the end of next month, 
and that the sooner I am there, the safer, I hope we shall all 
be here. I must recommend to your serious thoughts and 
care, the kings letter to me for the assistance of New York, 
with three hundred and fifty pounds sterling, as a frontier 
government, and therefore exposed to a much greater ex- 
pence in proportion to other colonies, which I called the last 
assembly to take into their consideration and they were 
pleased for the reasons then given to refer it to this. 

" I am also to tell you the good news of the governor of 
Yorks happy issue of his conferences with the five nations 
of Indians, that he hath not only made peace with them 
for the kings subjects of that colony, but as I had by some 
letters before desired him, for those of all other govern- 
ments under the crown of England on the continent of 
America, as also the nations of Indians within those respec- 
tive colonies, w'"^ certainly merits our acknowledgments. 

" I have done when I have told you that unanimity and 
dispatch are the life of business, and that I desire and expect 
if from you for your own sakes, since it may so much con- 
tribute to the disappointment of those that too long have 
fought the ruin of our young country." 

The Assemblys address — 

"May it please the proprietary and governor. 

*'We have this day in assembly read thy speech deliverd 
in council, and having duly considerd the same cannot 
but be under a deep sense of sorrow for thy purpose of so 
speedily leaving us, and at the same time taking notice of 
thy perpetual regard of us, and our posterity. The free- 
holders of the province and territories annex'd in thy loving 
and kind expressions of being ready to comply with what- 
soever expedient and provision we shall offer, for our safety 



72 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

as well in priveledges as property and what else may render 
us happy in a nearer union of our interests, not doubting the 
performance of what thou hast been pleased so lovingly to 
promise, do in much humility, and as a token of our grati- 
tude render unto thee, the unfeigned thanks of this house." 

"Joseph Growden speaker." 

In the next month the proprietor took shipping for Eng- 
land; just before he sailed, he left the city of Philadelphia 
(then encreased to a considerable place) a standing mark of 
his benevolence, by granting the inhabitants thereof a 
charter of priveledges.^ 

Wm Penn on his going for England left the province 
under care of Andrew Hamilton esq"": one of the proprie- 
tors of east New Jersey, and sometime governor of both 
east and west Jersey; him he constituted his lieutenant 
governor. He continued in that station till the twelfth 
month in the next year, when he died. 

' Votes, part 2<i p. 4. 



CHAPTER VIII. 

John Evans Arrives, Lieutenant Governor. With the Cause, and 
Manner of the Province, and Territories being Divided so as to 
Compose Assemblies Independent on Each Other. 

1704. The Assembly of the province of Pennsylvania and 
territories, who since the year 1701 had a difference subsis- 
ting between them, on account of the new charter of that 
year seem both to have let it drop, or at least inactive on 
that subject till October 1703. Since the death of governor 
Hamilton the council had governed, Edward Shippen pres- 
ident, who met the assembly of the province in the October 
last mentioned, but the members from the lower counties 
not joining, no business of consequence was done. In the 
month called February 1703-4, lieutenant governor John 
Evans arrived, who met the assembly in the month called 
April this year and told them that the proprietary having 
with her majestys royal approbation, thought fit to appoint 
him lieutenant governor of the same, as well her majesty as 
the proprietary had been pleased to give him all necessary 
power, and instructions. 

For the full discharge of which it was needless to inform 
any who were blessed with the priveledges of Enghshmen, 
that nothing was of greater importance than a well regu- 
lated legislative power, consisting in the concurrence of 
those that were invested with the powers of government, 
and the people whose representatives they now were, the 
compassing which happy end was one great point of his duty 
& with Gods assistance it should be his utmost endeavors. 

But that he was not a little surprized at his arrival to 
hear that within the bounds of his commission there had 
been any tendency to a division in the legislative power 
happily settled by their constitution in an assembly of the 
freeholders of the province and territories. 

73 



74 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

That since the first erecting of this government, he was 
pleased to hear they all hitherto had been united in one body- 
in their assemblies, and in them had jointly enacted laws, 
by which they had been peacibly governed and florished at 
least equally for the time to any colony in America. 

That he should be exceeding sorry it should be his and 
their misfortune to find they who had gone thus happily on 
together, should proceed on his arrival among them to break 
that union, and confirm by act a separation that was the un- 
happiness of the place to have ever laid any foundation for. 

That the queen considerd the province and territories as 
one entire government, and that both the royal approbation 
and his commission told him he ought to use his utmost 
endeavors to keep them so. That the public interest also 
clearly informd him that they were by that so inseperably 
united that neither could without great loss and inconven- 
iency suffer a division — that unity and concord were the 
greatest cement of public happiness, and that it was no 
small part at this time of the glory of England, that in the 
legislative powers there the parliament was in harmony 
and union. 

That notwithstanding the steps already made to a sep- 
eration, he recommended to the members both from the 
province and territories to deliberate and consult of this 
important affair, that confering by themselves and together 
as there should be occasion they would take the speediest 
and properest measures to form themselves by an amicable 
agreement into a condition that might enable them effec- 
tually to proceed to the consideration of such matters as the 
service of her majesty, this government, & their common 
interest and safety might require, and he might lay before 
them. 

That the different numbers of representatives need not 
be any obstruction to their business together, being not 
now immediately to proceed to voting, but to find means to 
put themselves jointly in a fit condition for it. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 75 

The assembly after thanking him for his care and con- 
gratulating his arrival replied. As to the seeming division 
in the legislative powers they were sorry he should have 
any occasion to make such remarks, and could wish he had 
been fully informed (before his embarking) under what con- 
stitution the proprietary left them. 

That they should be heartily glad of a further union 
with the territories if it could be obtained without prejudice 
to those they represented, and without a violation of the 
charter by which they were convened. 

That the representatives of the lower counties in former 
assemblies (they conceived) had been the occasion of in- 
serting that clause in the charter, which provides for their 
distinct acting in legislation. In pursuance whereof they had 
been formed an assembly before his arrival which (if amiss) 
could not be chargible to his conduct, neither could they 
yet conceive how to recede from what was done in that be- 
half, but hoped that if their circumstances should oblige 
them to act distinctly in legislation, they might yet con- 
tinue so much candor and good neighborhood to each 
other as that no inconveniences might thence arise to 
either of them, at least whilst he had a negative in both. 
Nevertheless to shew their readiness to receive what might 
be proposed towards their uniting they had appointed a 
committee to confer with them (the members of the terri- 
tories) thereupon, which conference they hoped would have 
a happy issue. 

The members from the lower counties attended in town 
as was usual for them for some years past when convened 
by the governors summons, but did not join in a legislative 
capacity with the members from the province, having hitherto 
shewn both an aversion to the present charter, and joining 
together in consequence of it. But now, after many en- 
deavors to reconcile the exceptions they had taken they at 
length seemd to be for uniting with the province in accepting 
thereof, but that being refused, the thing was finally set- 



76 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

tied that they should compose assemblies separately and 
independent of each other, pursuant to the liberty allowed 
for that purpose in the charter. 

To account intelligibly for this separation, and the rea- 
sons on which their exceptions were first grounded, it will 
be necessary to go back to the year 1701, there had indeed 
been uneasiness before," and several cases in which their 
interests, at least the different method of considering their 
interests, had clashed, and these had occasioned jealousies 
of each other, but the first instance wherein it publicly 
broke forth was on occasion of the conference between 

• A letter from the deputy governor so early as the year 1691: 

"John Can, John Brincloe, George Martin, William Clark, R. Hallowell, 

John Hill, Albert Jacobs. 
" Friends, 

" I am sorry of this breach which you have made upon the laws, charter and 
council proceedures; you have with drawn your attendance without any just 
cause; laying aside obstinacy, wilful neglect and self-interest. I cannot 
conceive what can support you at last but the absurd lenity of the govern- 
ment: recollect yourselves — consider well the confusion to which this your 
rashness may expose you and many innocent inhabitant of the lower counties, 
and return unto your duty and representative service here, and we shall 
lovingly receive you and so dispatch (I hope) in a short time the present 
emergencies before us: and I do further for your encouragement assure you, 
and faithfully promise unto you, that the charge of the chair, and support of 
me under this present commission, shall not press nor burthen you or them 
whom you represent one penny, unless you jointly and of your voluntary 
accord, not only offer, but request the acceptance of your benevolence through 
the method of a general assembly. I have not further at this time but re- 
quest you to be serious, and if you desire to be apart, let it be done with the 
same solemnity whereby you were united to us: Your officers duly qualified 
shall continue until our proprietaries pleasure be further known, and not to 
be removed without your respective concurrence. I expect to see j'ou soon 
up with us." 

" Council room, ) Your abused friend and chairman and, whereas it was 
4th 2<i mo: 1691 ) reported by some of you, that myself with others of the 
board did countenance the giving forth of the process of arrest ag'* W. C. 
and promoted the serving of it. I do solemnly declare that as soon as I knew 
of it, I entirely disowned and expressly forbad the execution of it, after- 
wards upon application for serving G. Martin with a summons, the whole 
board disallowed the plea, — Abuse us not, I do request you, with publishing 
a notorious untruth." 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 77 

governor Penn, and them jointly, on the bill for confirma- 
tion of the laws, and other bills October 10**> 1701, when 
the governor speaking to them on the subject, some of his 
words were said to be misconstrued or misunderstood by the 
members from the territories, they apprehending his speech 
was to this effect viz: that the lower county members should 
declare the laws made at New Castle binding to them, & the 
province declare them binding there, and then unanimously 
declare the act of union void. 

But the other members declared they apprehended the 
sense of his words was that the laws made at Newcastle 
were to be first confirmed. 

Whether the proprietors words were really misunderstood, 
or that previous jealousies had occasion'd them to be mis- 
represented, the effect was as reported in the Province 
Minutes that the New Castle members, to wit, Jasper 
Yeats, John Donaldson, Richard Hallowell, Adam Pater- 
son, W" Rodney, John Brinkloe, John Walker, WilHam 
Morton and Luke Watson jun"" abruptly left the house, 
and afterwards gave it for a reason that the proprietor 
expres'd himself in the manner above. October 15*^ these 
members came into the house again, & declared they were 
willing to join the rest of the members, provided they might 
have liberty to enter their dissent to the bill for confirming 
of the laws, and that nothing might be carried over their 
heads by overvoting them, declaring they were willing to 
do anything for the good and tranquility of the government, 
and having signified thus much they ■^\dthdrew, but being 
called into the house again they were told in answer to the 
above proposals that they should have liberty to enter their 
dissent provided they kept to the matter, but for the house 
to promise not to overvote them, it was a thing so imprac- 
ticable, and such an infringement of the priveledges of 
assembhes, that they could not yield to it, but the bill for 
confirmation of the laws of the province and territories 
being read, and the reading of that and the other laws three 



78 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

times over for a better consideration, being proposed, the 
afores"* absenting members, departed the house again, not 
being wilhng to run the risque of consenting by their pres- 
ence, and thereby of being bound by a law they did not like. 
Their absence gave the governor and others much uneasi- 
ness as it seemd likely to terminate in a breach that might 
be of ill consequence, and the governor sending for the 
assembly in conference with them endeavored to bring them 
to an accommodation with the absenting members, and 
also deliverd a letter directed to the speaker to be com- 
municated to the whole house, which (upon the absenting 
members coming into the house) was read as follows. 

" Friends, 

" Your union is what I desire, but your peace and accomo- 
dating of one another is what I must expect from you, the 
reputation of it is something, the reality much more, and 
I desire you to remember and observe what I say: Yield 
in circumstancials to preserve essentials; and being safe in 
one another, you will always be so in esteem with me, 
make me not sad now I am going to leave you, since it is 
for you as well as for your friend, and proprietor and gov- 
ernor. " William Penn." 

After hearing this letter, the members from the lower 
counties declared their negative to the passing a bill for 
confirmation of the laws passed at New Castle, having as 
they said never disputed their validity, and for several 
other reasons given to the governor against that act on 
which they sat down. The governor to make them easy, 
having assured the house that nothing further than what 
lay before them should be offerd to the house from him, 
nor received by him from them after this, these members 
sat in the house and joined in the business before them, 
and the governor gratified them in not passing the bill for 
confirming the Newcastle laws, which had given them so 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 79 

much disgust, but the charter of priveledges which he granted 
upon leaving the province, not being accepted by the mem- 
bers from the territories, not only in that they had dissented 
at the time of its being received, but in consequence thereof 
the inhabitants of the lower counties had omitted chusing 
representatives on the first of October in the succeeding 
year, to remedy which, governor Hamilton had issued writs 
founded on the charter, requiring those counties to chuse 
and send their representatives, who complying therewith 
met with the members from the province Novem'' 16*^ but 
again refused joining in legislation. However the members 
of the province met pursuant to their charter October 14*'' 
1702, and shewing some inclinations to a disunion, governor 
Hamilton and the council thought it a proceeding at this 
juncture of the highest consequence, ** both in relation to 
the proprietary at home, and the prosperity of trade here, 
and spent some hours in considering means to divert it. 
The representatives from the province notwithstanding, 
appeared before the governor and council, and desired that 
such attestations might be administerd to them, as might 
qualify them for the service, for which they were elected, 
but they, debating their request, resolved among them- 
selves, that such qualifications were both unusual and im- 
proper, till they should be in a condition to enter upon 
business which in the present unsettled state of things they 
were not; upon this, a conference was proposed, between 
the governor and council and the said members, in which the 
governor began, and told them, they might proceed according 
to the charter of priveledges, that is to say, that the province 
seperating themselves from the lower counties, seeing they 
would not meet them, the number of representatives for 
each county in the province should be advanced to eight, 
this they seemed well pleased with, he then represented to 
them the many inconveniences that might ensue to the 
province by a separation, as that Tobacco being the pro- 

•^ Vid: minutes of Council of the year first mentioned. 



80 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

duct of the territories, and the principal returns in the trade 
to England, should they be seperated and become distinct 
from the province, that traffic would be so cloggd and 
encumberd, that it would be wholly lost to the province, 
that it appeard by the paper they had read, the proprie- 
tarys right to the said counties was under dispute in Eng- 
land and that their inhabitants being affected by the prov- 
inces raising themselves into a distinct assembly, would 
in probability remonstrate to the queen, that having hitherto 
been under the government of Pennsylvania, they were now 
rejected and thrown off, and so become utterly destitute of 
all form of government, and therefore would pray the queen 
to take them into her immediate protection, which would be 
the readiest means utterly to defeat the proprietary of what 
he was endeavoring for in relation to them, in England. 

That the proprietary had presented to the queen a me- 
morial for her approbation of the lieutenant governor, the 
result of which (as by his letter he declared) he speedily 
expected to hear with approbation, because the lower 
counties are under dispute, & the inclination of the court 
was now to weaken as much as they could, rather than 
strengthen; proprietary claims 'twas very probable would 
come to the governor of Pennsylvania alone, which would 
complete their desire effectually, and become the act of the 
queen herself, and the province be exempt from blame, upon 
all which, Hamilton told them to defer their application for a 
separation till those matters were brought to some issue, 
and till they could hear further of them from England. 

The governor further added, that seeing the election and 
sitting of the assembly was to be by charter, which re- 
quired the first to be on the first of October, and the last 
on the fourteenth day of the same month, he could not see 
how an addition could be made to the number as they de- 
sired, till the first of Ocf should return in course again, to 
all which some of the chief of the said representatives, 
replied that the royal grant from the king to the Proprie- 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 81 

tary was only for the province, bounded twelve miles north- 
ward of New-Castle, that it was on that grant or charter 
only, the several first purchasers of land from the proprei- 
tary embarked, and that they expected the priveledges for 
it accordingly; that they had always hitherto, by being 
yoked with the lower counties, instead of enjoying the 
liberties they expected, been so confused, that nothing for 
the provinces and their real good could ever be advanced: 
That they had long groaned under the hardship of it, & 
now an opportunity by the proprietaries grant, being put 
into their hands to ease thenselves of those troubles, they 
judged they were obliged to make use of it for their own 
safety and quiet for the future. That delays might at this 
juncture prove dangerous: /Resolutions and changes hav- 
ing often so unexpectedly come upon governments, of which 
even this was once an instance by col: Fletcher; and there- 
fore they requested they might not be defer'd for the in- 
creasing the number might properly be done by the gov- 
ernors writs and there would lie no difficulty there. 

But the governor still pressing to the said representatives, 
the unreasonableness of such a rupture upon the several 
arguments aforesaid, and that there could not possibly be 
any danger in defering their application for some time, 
especially till they could find a means to do it more honor- 
ably and with less blame from the lower counties, who would 
complain they were thrown off without notice or warning. 
The whole was further discoursed, and at length concluded 
that a free conference between the members of council only, 
and the said representatives should be appointed and ac- 
cordingly it was appointed, and held that evening. In 
which conference the members of council proposed that as 
the members of the lower counties in the last assembly, 
when the proprietary granted the said charter, seemd not 
to regard or accept of it, for which reason, it was most 
probable they had made no election, and that as some 
persons of the said counties since the province had elected, 
6 



82 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

have declared, that had writs been sent to their sheriffs as 
is usual, they would have elected together with the province, 
that therefore, to the end it might not appear that the 
province designedly seperated themselves from the said 
counties, without any cause given on their sides, they 
thought it would be highly for the justification of the prov- 
ince (if the seperation was gone into) as well as justice to 
the said counties, that they might have an apportunity 
of appearing given them, that measures might be better 
concerted and that then, should they refuse or neglect to 
send up members, the province would be clear, and that 
from hence no manner of inconveniency could be imagined 
to ensue for so small a time as might be sufficient to issue 
writs, appoint a time of election, and know their resolutions; 
these, and such other arguments as were used upon the 
occasion, seemed to have some weight with the representa- 
tives so that they were willing further to deliberate upon 
what was proposed, and having consulted among themselves, 
they came to this resolution, that the province and territories 
having long acted in conjunction, and the charter which 
impowerd them to act being new, and not yet sufficiently 
proved, therefore they were of opinion & had resolved that 
it would be safer to take some further time to deliberate 
upon it, they therefore requested the governor to adjourn 
them for a month or the like space, for an opportunity to 
know the minds of their constitutents, governor Hamilton 
upon this told them that he approved their request, but 
desired to know whether it was offerd in compliance with 
the proposal made to them, that there might be time given 
for an apportunity of calling the lower counties by writs to 
act in conjunction with them: they replied, that what upon 
mature consideration they had concluded on, they had now 
deliverd and had not agreed to say anything further on 
that head, and that it was not proper for them to consult 
or direct what methods were the most advisable for the 
governor in that case to take, they had only to request that 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 83 

they might have Uberty to defer their sitting for a month 
longer or as the governor should think fit not much exceed- 
ing that time, with which the governor concuring he dis- 
misd them to meet again at Philadelphia the 16*^ of the 
ninth month ensuing 1702. 

The governor thereupon issued writs to the sheriffs of the 
three lower counties to elect four members for each county 
on the second of the said ninth month, to meet at Philadel- 
phia the 16**" day aforesaid. The time being come and the 
council met, the governor informed them, that such of the 
members of the lower counties, chosen in pursuance of the 
said writs as were come to town, had made their appearance 
before him, and that upon discourse with them, they had 
given it as their sentiments that they could by no means at 
this time sit in conjunction with the representatives chosen 
by the province, the said representatives being chosen by 
virtue of a charter, but they of the lower counties by writs a 
considerable time after, to which the governor answered, that 
this proceeded only from their neglect of electing at the time 
the province had done in pursuance of the charter of priv- 
eledges, they replied and insisted, that the said charter was 
never received by the members of the lower counties, and 
therefore they thought themselves no ways affected with it, 
that they not having received it, it could not be expected they 
would elect in pursuance of what was of no force among them. 

These and many other debates passed between the gover- 
nor and council, and members for the province and terri- 
tories seperately and together at different meetings, between 
1702 ar>d the present year, in which nothing conclusive was 
fell upon relating to the point in hand; but now again, in 
the latter end of this year, the dispute was drop'd, and the 
thing finally settled as noted before to the satisfaction of all. 
The people of the lower counties, and those of the pro^dnce 
have since composed assemblies independent of each other, 
by virtue of the clause in the charter of 1701, which had 
provided for it in case of disagreement. 



CHAPTER IX. 

Governor Evans Meets the First Assembly at New Castle — His 
Proclamation to Raise a Militia — Calls an Assembly of the Prov- 
ince — His Speech — Their Reply — The City of Philadelphia in 
Great Commotion by an Alarm of the Enemy Coming up the River — 
Particulars of the Fort at New Castle — Richard Hill Breaks 
the Way for a Free Navigation — The Assembly Address Evans on 
the Subject. 

This assembly adjourned the 14*'» of the 9*^ month afore- 
said, soon after which governor Evans met the assembly 
of the lower counties at New Castle, being the first that 
had met there in legislation independent of the province, 
and in the interval published the following proclamation 
to raise a militia for the purposes therein mentioned. 

" By the hon ^ the lieutenant governor of the province of 
Pennsylvania, & territories thereunto belonging. 
" FoEASMucH as the queens most excellent majesty and the 
rest of her majesty's allies are now engaged in a vigorous 
war against France and Spain, for maintaining and pre- 
serving the liberty and ballance of Europe, which as it 
engages the subjects of the said crowns and states in open 
hostilities, so it lays her majesty's subjects in this governm* 
under a necessity of being well armed and disciplined, as 
well for the honor and service of her majesty, as for the 
defence and preservation of our religion, lives and liberties, 
all which her majesty having duly weighed and considerd, 
was graciously pleased to command that due preperations 
should be made in this government for the defence and 
security of the same against any attempt that might be 
made upon it by the enemy during this time of war : There- 
fore in obedience to her majestys royal command and to 
the end that the inhabitants of this government may be 
in a posture of defence and readiness to withstand and repel 
all acts of hostility that the enemy shall attempt against 

84 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 85 

them, I do hereby strictly command and require all persons 
residing in this government, whose persuasion will on any 
account permit them to take up arms in their own defence, 
that forthwith they do provide themselves w*^ a good 
firelock and ammunition in order to enlist themselves in 
the militia which I now am setthng in this government, 
and every inhabitant thereof are without delay to repair 
and enUst themselves with the officer or officers commis- 
sioned to command in that district, where such inhabitant 
dwells. And I do further command all persons that they 
take due notice hereof, and give obedience, and be to their 
utmost aiding and assisting to the said officers in all things 
relating to the exercising the power given them in their 
coromissions, as they will answer the contrary at their 
peril. — Given under my hand, and great seal at Philadel- 
phia the 25*^ day of May, in the S'^ year of the reign of our 
sovereign lady Ann, over England &c. Annoq: Dom: 1704." 

J. E. 

1705. It would swell this undertaking to an unnecessary 
bulk to go intelligibly into the particulars of every session of 
assembly; the province being now grown large, not only made 
the respective sessions more frequent, but created a necessity 
that more business should be done. Their proceedings are 
consequently more voluminous, but yet are now recorded 
regularly. It cannot therefore be expected but that to keep 
within a reasonable compass, such only of the more important 
points as are consistent with the general view intended should 
be dwelt upon especially as the whole proceedings w*^ regard to 
the original and present constitution are already ascertained. 

It has been before observed, that it was now war time, 
which whenever it happens, has always hitherto exposed 
the province of Pennsylvania to many difficulties on account 
of military preparations; numbers of the inhabitants being 
principled against war, on that account have struggled 
through many imputations, and it was now a trying time 



86 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

in this respect, lieutenant governor Evans was an active 
young man, of a temper scarcely indifferent to anything; 
whatever he set about, for, or against seems to have been 
carried with zeal and eagerness, which sometimes drove 
him to intemperate lengths. To judge from his private 
conduct, one could not imagine he attended much to many 
convictions of his own and therefore was not to be supposed 
a very competent judge of the scruples of others, at least 
his more unguarded moments demonstrated that to be the 
case, but it will be necessary first to view him on the sub- 
ject of war, under the restraints of his poHtical capacity. 

Having called the assembly (by summons) to meet 
him at Philadelphia the 24*^ of the 4*^ mo. 1706, he 
tells them, the manifest danger with which all those her 
majesty's colonies in America were at this time threatned, 
from a powerful & active enemy, had with great reason 
alarmed every government round them, and put them upon 
taking the best measures they could find practicable for 
their defence, and as that province made a part of her 
majestys dominions, and was peopled with her subjects 
whose lives and fortunes were of great concernment, he 
thought himself obliged by the trust reposed in him, as well 
by the queen as proprietary, to use the same care and en- 
deavors for their safety, that could be used in any other 
governments, otherwise he should be inexcusable now at a 
time especially when the ruin of at least two of the English 
Islands and their inhabitants had taught them, what they 
had to fear. That since his arrival here he had done all in 
his power to raise and regulate the militia to the best ad- 
vantage that the circumstances of the place would bear, but it 
had manifestly appeared that this without the concurence 
of the whole country by a law would not be effectual, besides 
that some place of security in case of an attack would be of 
the same necessity here, that it was found in all other towns 
in her majestys dominions that lay exposed to an enemy. 

That to give them opportunity to make suitable provision 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 87 

was the occasion of their being now called together the matter 
being of great importance, and that though he was sensible 
that with them it might carry some difficulties, yet he 
hoped that upon a close application of their thoughts some 
measures might be found to render all her majestys sub- 
jects here, as safe and easy in point of defence as in the rest 
of her dominions. 

The assembly replied that having taken into their serious 
consideration the measures proposed, they had to observe 
that what some of the neighbouring colonies, which were 
under the immediate direction of the queen, and of long 
standing of great estates and vast revenues to the crown 
had found practicable upon emergency, as running their 
vessels up the rivers as far as they could into the country, 
might be done here, nevertheless, understanding that in 
the time of the late false alarm, several of the inhabitants 
of Philadelphia, when they endeavored to secure some of 
their goods by sending them up the river, and out into the 
woods, were threatned to be shot by such as pretended to 
stand in the defence of the place, this they could not but 
resent, and earnestly desired the governor to cause them as 
well as those who brought up that false report from New- 
Castle, to be brought to condign punishment. 

That they had lately raised a considerable sum of money 
for support of the government and to pay the debts of the 
province W^ by reason of the failure of the crops the last 
year, and the thin appearance this, together with the decay 
of trade, losses by sea, and great scarcity of money would 
certainly be heavy enough for the present upon the people, 
many of them being poor and in debt, but if it was not so, 
they were informed that a regular fortification here would 
cost more than could be possibly raised considering the 
situation of the town between to navigable rivers, and open 
to land marches besides, and that they hoped they were 
not in much danger of the Enemy considering their remote- 
ness from the sea and difficulty of access. 



88 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

But if a proper situation could be found and a fort built 
before the country was capable to maintain and keep it, 
the consequence might prove very prejudicial to the queens 
interest & hazardous to her subjects, which probably was 
the prevailing reasons why the queens colonies in Virginia 
and Maryland, which were far more antient settlements 
than theirs, had no fortifications that they knew of to this 
day, therefore they hoped that nothing might prevail to 
render them more obnoxious to the queen, than their neigh- 
bours, and her subjects less secure here than elsewhere. 

That they found his speech to contain matter of great 
weight, which required more time and closer application 
than their present circumstances could well admit in regard 
the season of the year required most of them at their har- 
vest, upon which the support of themselves and families 
depended, and therefore desired to be excused from further 
attendance at this time, and that the governor would accept 
of their present answer, and represent them candidly to the 
queen, whose care over them, as well as the neighbouring 
colonies, they were deeply sensible of. 

Evans very well knew the quakers principles against 
bearing arms & military preparations, and possibly judging 
others by himself thought the principle against self defence, 
however pretended to at a distance, must upon the appre- 
hension of instant danger be a meer chimera, and probably 
to try if that was not the case, he together with Robert 
French of New Castle, Thomas Clark an attorney at law of 
Philadelphia, and other associates fell upon the project of 
causing the alarm mentiond before. The governor was a 
man of natural good sense but had much of the rake in his 
character, and being of this turn, it is not to be wonderd 
that he should fall into a scheme of this sort. The diversion 
was something, but the design of trying the tempers of the 
people seems to be the principal thing aimed at; he and his 
associates had probably been concerned in industriously 
propagating the noise of a French invasion for some days 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 89 

before they caused the alarm, and after peoples minds by 
daily discoursing of their coming, & frequent preparatory 
rumors suitable to the occasion, had been sufficiently 
turned that way. 

On the 16*^ of the third month O. S. this year at the 
Fair time, up came a messenger post haste from New Castle, 
his horse almost tired, and himself in seeming commotion 
with a dispatch to the governor from French, that several 
sail of vessels were then actually in the river, and as high up 
as a place which he named, upon receiving this news the 
governor soon made it fly through the town, himself mounted 
his horse, and with a drawn sword in his hand, rode about 
commanding and praying people of all ranks to be assist- 
ing upon this occasion. The suddenness of the news, with 
the noise and precipitation consequent, upon it, soon made 
bad work — some were said to throw their plate, and most 
valuable effects down their wells and Httle-houses, others to 
hide them otherwise in the best manner they could, and a 
great number retired by land and water up the river part 
loaded with effects, and part without, insomuch that it 
was said some of the creeks seem'd full of boats, and small 
craft, while those of a larger size ran as far as Burlington, 
and some higher up the river, and several women are said 
to have miscarried by the great frights they were thrown 
into; but the design was soon seen through by the more 
considerate part of the inhabitants, even at the begining, 
and timely endeavors accordingly used to stop it, but the 
manner of the governors behavior together with the in- 
dustry of his numerous incendiaries, so baffled their endeav- 
ors, that little could be done, till the first transports of 
amazement & fears had some time to subside. 

James Logan was then the secretary, and lodging in the 
same house with the governor was tho* to be privy to the de- 
sign, tho it was said he declared otherwise, offering to bring 
the governor out of the scrape as well as he could if he 
would desist from the enterprize by going down to Glou- 



90 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

cester point in a boat, and wave a handkerchief if nothing 
was to be seen, but if anything appeared he would retire 
immediately and let them know it. Whether this proposal 
was accepted or not, the effect shewd that he was not 
help'd out of the scrape, for when once the people in general 
were undeceived which was not long, first many of those 
who had been deceived resenting the usage the authors of 
this contrivance were forced to shift for themselves in the 
best manner they could; — the scheme upon the whole 
turn'd out quite different from their expectations, having 
all the bad consequences they had reason to fear, and very 
little to those they expected. The principal part of the 
quakers attended their fifth day meeting as usual, tho' in 
the midst of the hurry, and through the whole demeaned 
themselves consistently. It was said but four among them 
and those not accounted the most exemplary in other re- 
spects appear'd upon the Hill under arms, that being the 
place of rendezvous appointed upon this occasion." 

1707. Soon after the assembly of the lower counties of 
Pennsylvania had met in legislation, independent of the 
province, Evans proposed to them the building a Fort at 
New Castle, on which they passed a law, or rather an ordi- 
nance, for it was done before the constitution of that govern- 
ment was fully settled, entitled An act for erecting & main- 
taining a Fort for her majesty's service at the town of New 
Castle upon Delaware; This law required that all vessels 
(except Ships of War) coming from sea, the major part of 
whose owners not residing on the river or bay of Delaware, 
should pay half a pound of Powder for every ton such vessel 
should measure by the carpenters rule, and that if any 
vessel outward or inward bound should presume or attempt 
to pass by the said Fort, without leave from the captain or 

° It was observed that one of the Almanac writers of those days had hap- 
pened to put the following lines against the time in which the foregoing affair 
happend. — 

"Wise men wonder, good men grieve, 
Knaves invent, and fools believe." 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 91 

commander thereof, it should be lawful for him to fire one 
or more great guns at such vessel or vessels in order to bring 
them to anchor, and oblige the master or commander of 
them to come on shore, and make report as well to the said 
captain or other commanding officer in the said Fort, as to 
the kings collector of the customs of the said town, and 
district of New Castle, and that the said master should pay 
for the first gun twenty shillings, for the second thirty, for 
the third forty shillings, and five pounds over and above for 
contempt, in case it went to those lengths. 

This law was of itself extraordinary in its nature, con- 
sidering it as a direct infraction of the priveledges granted 
by the royal charter to the settlers of Pennsylvania, but 
was still more so by the manner in which it was put in exe- 
cution, for the free navigation to the province expressly 
granted in the charter, and further confirmed by the kings 
declaration in consequence of it, was not only hinderd and 
their vessels inward and outward bound cleared according 
to the acts of navigation in every respect, stopped, to their 
great damage, and many traders who were bound to the 
port of Philadelphia, and had no manner of business to stay 
at New Castle, were forced to pay the said Powder money 
appHed towards erecting and maintaining a fort alledged to 
be no security to the river nor protection to vessels that 
might happen to be chased or assaulted there, and as it was 
for some time managed, proved a nuisance to trade and of 
imminent danger to the traders of those parts, some of 
them having been threatned to be imprisoned and put in 
Irons tho' able and ready to pay or secure the mulcts im- 
posed by the said pretended law, others were in danger of 
their lives by their vessels being threatned to be sunk, and 
threats were not all, for several cannon Balls were shot at 
vessels passing by, notwithstanding the law gave no power 
to fire ball, nor was there in it any colour for imprisoning, 
or puting men in irons. 

These things much alarmed, and were greatly resented 



92 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

by the trade in Philadelphia, Richard Hill in particular, 
who was one of the governors council and a man every way 
calculated for authority and influence, did not fail to lay 
the matter home where it belonged, he and the rest saw with 
concern their priveledges invaded, and that to suffer it to 
continue, would be of the utmost ill consequence to the 
trade and prosperity of their country, but failing of success 
where they had most reason to expect it, some of them de- 
termined to break the way for their vessels to pass without 
submitting to such an intollerable yoke. 

Hill at that time had a vessel calld the Philadelphia, 
loaded and just going out, but doubting his captains reso- 
lution of going by the fort without being obliged to strike, 
himself accompanied by Isaac Norris* and Samuel Preston 
went down the river in her, just before they came to the 
fort, they dropped anchor, Norris and Preston went on shore, 
to inform the officers of the fort, that the vessel was regu- 
larly cleared, and were determined to do what they could by 
persuasion, but all proving to no purpose. Hill taking the 
command of the sloop, stood at the Helm, and went by 
without receiving any damage, his captain and men, hiding 
themselves among the watercasks on the deck, while the 
fort continued firing, whence the guns were aimed with so 
much intention and good will to the business that a shot 
went thro' the mainsail. As soon as they had got by the 
Fort, John French, the commander put off in a boat man'd 
and arm'd to bring them to, that way, & coming up along 
side. Hill orderd a rope to be thrown to them — they fastend 
the boat and French came on board; the rope was then 
ordered to be cut, and the boat falling astern, French was 
conducted a prisoner to the cabbin; seeing himself thus 
detaind, he began to plead indisposition of body. Hill askd 
him, if that was the case what business he had there; lord 
Cornbury, governor of New Jersey, and as such claiming to 

* Isaac Norris was in England at the time. It was W" Fishboiurne who 
went down with Hill & Preston. [Pencil note on manuscript. — Ed.] 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 93 

be vice-admiral of the river Delaware, happend at that 
time to be at Salem, to him the prisoner was forthwith 
conducted and brought to account, and after being in his 
rough way, sufficiently reprimanded, upon a suitable sub- 
mission and promises, was at length dismissd but not with- 
out marks of derision from some of the attendants. This put 
a finishing stroke to the arbitrary proceedings of the fort at 
New Castle, and thus ended an enterprize, in which Hills 
friends, particularly his watchful wife,'^ who heard the report 
of the guns at Philadelphia, and from thence greatly feared 
that his resolution would have been attended with bad con- 
sequences, but she and they were agreeably disappointed, 
and his going by, opend the way for others; — he did not 
however let the matter rest here, but accompanied by a 
large number of the inhabitants of Philadelphia, attended 
the assembly of Pennsylvania, & by petition laid the affair 
before them, w°^ produced the following address, agreed to 
without a dissenting vote. 

" To John Evans Esq. by the queens royal approbation, 
lieutenant governor of the province of Pennsylvania and 
of the three lower Counties of New Castle, Kent & Sussex 
on Delaware river — The humble address of the represen- 
tatives of the freemen of the said Province, in general 
assembly met, the 10*'' day of the month call'd May 
1707. 
" Sheweth; 

" That a petition of above two hundred and twenty of the 
merchants and other inhabitants of the said province, but 
mostly of the city of Philadelphia having been presented to 
this house complaining of very great abuses and oppres- 
sions which some of the inhabitants of the county of New 
Castle have committed upon several of these petitioners by 
colour of a certain ordinance or act of assembly lately 
passed there by the said lieutenant governor and represen- 

<* She was the daughter of Thomas Lloyd, and a woman of great value. 



94 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

tatives of the freemen of the said three lower counties, 
entitled an act for erecting and maintaining a fort for her 
majestys service, at the town of New Castle upon Dela- 
ware, which act, as also the several affidavits relating to the 
matters complaind of being read we thought proper in the 
first place to consider the royal charter of the late king 
Charles the second, to the proprietary, bearing date the fourth 
day of March in the three and thirtieth year of his reign, 
whereby the free and undisturbed use and continuance in, 
and passage unto & out of all the ports, harbors, bays, 
waters, rivers, isles and inlets belonging unto, or leading to 
or from this country, with the other powers and liberties 
mentiond in the said petition are granted to the said Propri- 
etary and inhabitants of this province as the petioners set 
forth, and we further observe that by the said charter, the 
queens liege people of this province are to be subject to no 
laws but such as are consonant to reason and as near as 
may be agreeable to the laws statutes and rights of the 
kingdom of England. 

" In the next place we have inspected the late duke of 
Yorks deeds of feofment to the proprietary for the said 
three lower counties, as also the late king Charles the sec- 
onds grant to the duke for the same lands, and when we 
call to mind how the representatives of the lower counties 
broke off and refused to proceed legislatively in conjunction 
with the representatives of the province, under the pro- 
prietaries administration, but how far they can be justified 
in making laws to raise money upon the queens subjects 
in this government, we intend shall be further considerd 
hereafter. In the mean time we shall insist that the liberty 
of the free use & passage to and out of the ports of this 
province granted us by the above recited royal charter, is 
well warranted by the laws of England, & that no imposi- 
tion can by any act or ordinance made at New Castle be 
laid upon any vessel bound to or from any Port in this 
province, which doth not unload at some Key or place 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 95 

within the said lower counties, and we conceive that upon 
a strict examination of their said act of assembly, it will 
most evidently appear that the vessels not bound to or out 
of some port or place there, cannot legally be obliged to 
comply with the impositions of the said act, 

" Therefore this house having fully and maturely weighed 
the nature of the said Act, and the use that is and has been 
made of it, found themselves obliged in duty to the queen 
and justice to the people they represent to come to the 
following resolutions N. C. D. 

" First, That it is the opinion of this house that tho' the 
said act of assembly might be by the governor intended 
for the queens service, and security of her subjects yet the 
manner of putting the same in execution, proves an ap- 
parent violation of the said royal charter, as well as the 
common and statute laws of England and is destructive 
to trade, and tends to the depopulating and ruin of this 
province. 

" Secondly, that it is the opinion of this house that the 
firing of *Shot at the sloop Philadelphia, in the several 
affidavits mention'd, when she was duly cleared at this 
port of Philadelphia as the acts of navigation direct and 
had the governors let pass, and upon her voyage to Barba- 
dos is not warranted by the said act of assembly, but that 
those who so fired at the said sloop after they had notice 
what she was and how she was cleared, ought to be prose- 
cuted as persons committing i/ostilities against the queens 
liege people. 

" Thirdly that it is the opinion of this house that in case 
the master of the said sloop had been liable to pay either 
powder money or other mulcts imposed by the said act, 
yet the forcing him out of the vessel and imprisoning him, 
when security was offerd for answering the supposed offence 
is not warranted by the said act, but is most illegal and 
arbitrary. 

" May it please the governor. 



96 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

''We having thus presented our opinion of the said act, 
entreat that thou would use the most effectual methods to 
put a speedy stop to the said exorbitant practices great 
abuses and oppressions mentioned in the said petition, (a 
copy whereof, we herewith lay before thee) and that the 
authors of those arbitrary actions & oppressions complained 
of may be prosecuted according to law, and be no longer 
permitted to abuse the queens authority and stand in open 
defiance of her royal uncles grant, obstruct our lawful com- 
merce, and invade our liberties, rights and properties, and 
under pretence of fortifying the river for the service of the 
queen, commit hostilities and depredations upon her liege 
people." 



CHAPTER X. 

The Administration of Governor Evans Grovtn Extreamly Disgust- 
ful — The Assembly Remonstrate against Him to the Proprietary — 
Evans Requires Them to Lay it before Him — Their Reply — Evans's 
Speech to the Succeeding Assembly, Their Answer — Evans Sends a 
Paper to the House by Two of His Council — Their Resolves upon 
It. 

The assembly of Pennsylvania, and many of the people 
throughout the province, had for several years past been 
tired of Evans's administration — the heats & levity of his 
youth, so influenced his private conduct as made it in vari- 
ous respects quite unbecoming the dignity of his station, — 
midnight frolics were said to be common with him — he is 
even charged with sometimes descending so far out of 
character, as to be found raking about the streets and 
mixing in night brawls and other indecent practices. This 
sort of conduct is said once to have brought him into a 
bad situation. Meeting with a loaded cart coming into 
town, and commanding the carter to turn to let him go by, 
and he not stiring quickly, he repeated his commands with 
a raised voice and threats, upon which the blunt carter 
with a mouthful of ill-language demanded who he was, 
that being on foot, would make a carriage loaded as that 
was turn out of the way for him, he replied / am the gover- 
nor. The carter told him he lied, for that the governor was 
more of a gentleman, & had more manners probably mean- 
ing consideration, than to expect such a thing, and began 
to use his whip, but being prevented from proceeding he 
too late discoverd his mistake, and then being as ready with 
his submission as he had been before w^ith his whip, he was 
obliged to the governor that he let him escape without 
further notice. 

Nor were affronts of this kind all that the governor met 
with in departing from the proper character of his station — 

7 97 



98 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

the substantial part of the inhabitants saw with concern 
the growing ill effects of his loose conduct and example; 
some of them spoke of it to him from time to time but to 
very little purpose, the assembly also had not been wanting 
as well on this occasion as the public measures of his gov- 
ernment, but at length finding nothing else would do but 
an application to get him removed, they at their sessions 
last mentiond made a catalogue of his failings and remon- 
strated them to the proprietary, wherein among other 
things, they set forth. 

That having set up a pretended militia he did by procla- 
mation exempt those that would enlist therein; from watch- 
ing, warding and serving as constables &c and that altho' 
it had been discontinued and never musterd since the false 
alarm in May 1706 yet the exemption was still continued 
against law, to the great oppression of those that did 
not so enlist. That the proprietary pursuant to the powers 
granted him by letters patent, had made certain constitu- 
tions and concessions containing divers rights, liberties and 
priveledges, which he gave the people a very sacred assur- 
ance they should enjoy, That in pursuance of the royal 
grant he also incorporated the city of Philadelphia vesting 
the mayor and aldermen with the power of conserving the 
peace and trying larcenies and other small offences punish- 
able by fine or whipping. 

That the said lieutenant governor was in duty bound to 
rule the province according to the true intent of those con- 
stitutions and concessions until they were disallowed by the 
queen, yet had used several ways to elude and render them 
ineffectual, particularly, that when the assembly in the year 
1704 prepared a bill for explaining and confirming the charter 
of the city, he, displeased at the city magistrates because they 
would have punished some of his companions for disorders in 
their night revels, such as beating the constable and watch, 
refused to pass the bill, commissionating the county justices 
to determine matters arising within the city, and properly 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 99 

cognizable by the city magistrates, to the end as they con- 
ceived, that he might not only get the fines at his own dis- 
posal (which the proprietary had granted towards support- 
ing the government of the said city) but also that the 
taverns & ale houses (which they call nurseries of disorders 
and debaucheries) might be multiplied and withal, that his 
arbitrary designs of raising money upon the queens sub- 
jects without law might be better effected, he had imposed 
two licences a year upon most of the keepers of those houses, 
the one for Wine, the other for Beer, and exacted eight 
pounds per annum or upwards from every one that had 
those two licences, and so proportionable for the rest, 
whereby he raised great sums of money upon the inhabitants 
of the province without law or precedent. 

That by the charter of priveledges the freemen had a 
right to chuse an assembly on the first of October yearly 
forever, which assembly had a right to sit on their own 
adjournments, prepare bills to be passed into laws, impeach 
criminals, and redress grievances, and that the freemen had 
the same right to chuse sheriffs and coroners according to 
the charter; but that he had taken upon him to reject the 
peoples choice of sheriff and coroner for the city and county 
of Philadelphia in the year 1704, and had done the same 
this year, and had also undertaken to licence several tav- 
erns and ale houses in Philadelphia, without the recommen- 
dation of the city magistrates, that the assembly in the 
said year 1704 proposed a bill for explaining and confirm- 
ing the said charter of priveledges, and for preventing such 
infringements for the future, which the governor refused, 
and when that assembly shewed their dislike to his reject- 
ing the peoples choice, and commissionating other persons 
of his own appointment, he by message undertook to dis- 
miss the assembly against the form and effect of the charter, 
and established usage of the government, and contrary to 
his duty and trust to the proprietary and people committed 
to his care. 



100 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

That he pass'd a law but the last year, whereby he di- 
rectly appropriated eight hundred pounds of the land tax, 
with half the impost and excise, amounting to much more 
than the tax to his own use, tho' it ought to have been 
applied as usual under the mode of a gift to the queen, and 
at the same time secreted the lords of trades objections to 
their former laws, suffering that assembly to enact and 
himself to pass divers new ones liable to the same objec- 
tions, the which being offensive to their superiors might 
prove very detrimental to the government. 

That part of the next returns which he made for the 
assemblys benevolence, was hatching a project of a false 
alarm, carried on by him, and two or three of his accom- 
plices to the great damage of both city & province, which 
besides exposing their nakedness to the French, tho' he 
knew that there was no real need of ammunition, nor any 
danger of the French at that time, he forced great quantities 
of powder and lead to be taken from the inhabitants, and 
thereby left them destitute if there should be a real occasion. 
That at the time of the said false alarm he shot at some, 
and orderd his men to shoot others of the queens subjects 
for endeavoring to save their goods, which were like to be 
stolen by a rabble of his own raising who even threatend 
the peoples Uves as well as estates: — that one of the officers 
of his militia declared that if the French had come, and the 
queens collector had been there, he would have shot him 
one of the first: and that several of them swore they would 
be masters of the quakers brick houses in Philadelphia 
that day, That when one of the actors was apprehended 
the governor contrary to law and justice discharged him 
out of the constables hands saying that what the prisoner 
had done, was at his command. 

That having formed a distinct assembly in and for the 
three lower counties, who had no power to make laws 
obliging upon the province; he concurred with them to 
make a law, whereby he laid another imposition upon the 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 101 

trade of the province impeding the passage granted by the 
royal charter to and from the same, and by colour of that 
law, had exacted great sums of Money from divers of the 
queens subjects against their wills and endeavored to sink 
some of the vessels which himself had cleared and knew to be 
fair traders ; and had like to have killd several people on board 
those and other vessels for refusing to come under that imposi- 
tion, having caused divers great guns to be fired at them. 

That he had without any colour of law exacted twelve 
shillings from the master of every vessel outward bound 
for a Let pass, notwithstanding they had their clearance 
according to the acts of navigation; a heavy tax upon trade 
to the grievous oppression of the subject. 

That although the governor might collect from the at- 
torney generals opinion upon their former laws how it was 
expected that their constitutions should conform as near as 
may be to the laws and interest of England, and knew what 
the opinion of the board of trade was about fines and for- 
feitures &c, nevertheless he had hitherto refused to concur 
with the assembly in having the method of convicting 
clerks of the peace &c for official misbehavor here, as such 
officers are in England, and in having ale houses licenced by 
the justices here as they are in England, & ordering the 
fines and forfeitures to go to the queen for the support of 
government as also in having the courts of judicature regu- 
lated as near an English establishment, as the circumstances 
of this young colony could admit of. 

That the governor on his own authority had granted a com- 
mission for privateering, — that he had beat and sent to prison 
Solomon Cresson, a constable for endeavoring to disperse the 
company from a lewd tavern at midnight, where he the 
governor had happend to be, tho unknown to Cresson. 

These and several other charges swell the catalogue to a 
great length, the design being to get him removed, they 
seem to have been indefatigable in furnishing materials 
to go to work upon. 



102 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

The governor understanding what was going forward 
against him came to town and sent a message to the house 
informing them, That it was by accident only that he was 
now in town at the time of their meeting, and not by de- 
sign, for as they had taken upon them (or endeavor'd at 
least) to invert the order of government by adjourning 
themselves at pleasure and then send him notice of the 
time they thought fit to meet again, as if he was to attend 
their appointments and not they his, so he must let them 
know he could take no notice of any such adjournments. 

But being informed that the business of their present 
meeting was chiefly to agree and sign some address or rep- 
resentation to be sent to England, he required them forth- 
with to lay before him all such addresses or representations 
as were or should be prepared by them and that they pre- 
sume not to send any such out of the government untill 
they had been fully communicated to him, as they of right 
and justice ought to be, and was practised in other govern- 
ments, adding, that he desired their answer without delay. 

The assembly replied. That although the act for ascer- 
taining the number of members of assembly, made the last 
year in affirmation of the constitution and known usage of 
the province allowed them to sit upon their own adjourn- 
ments; yet they did not remember that they had adjourned 
without acquainting him with the occasions, and motives 
of their adjournments, and on that account had been put 
to very great trouble in sending to his country house and 
elsewhere, and as they never adjourned but with submis- 
sion to his call, whenever he thought fit to convene them 
again, so they never endeavored to restrict him to their 
appointments, therefore his suggestion of their taking upon 
them or endeavoring at least to invert the order of govern- 
ment was groundless. 

That they expected he had by this time considerd of the 
bills they had laid before him long since; and would have 
been ready to pass them, or tell them he would not, as also 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 103 

to give the province some relief in those matters they 
complained of from time to time, and could have no re- 
dress, which was so great a neglect in his administration, 
that they could do no less than remonstrate. 

That as for what representations they should send to 
England, the substance of them was diffused in the several 
addresses, remonstrances and resolves of the house, W^** 
had been already laid before him, and that what they 
added to them chiefly related to the false alarm, and his 
beating the constable when he was doing his duty upon the 
watch, with some other practices unbecoming his station. 
And as a repetition thereof might not be very grateful to 
him, so they were not as yet satisfied that it was their duty 
to lay before him what addresses they made concerning 
those matters, wherein he either refused or neglected to 
give them relief. 

And that since they perceived he was not inclined to 
proceed with them either in legislation, or to favor them 
with an answer to their addresses as they had often desired, 
they thought fit to acquaint him that being mostly persons 
of mean ^'states, and whose personal care about their 
domestic affairs was by the approaching harvest renderd 
indispensibly necessary, they should be forced to adjourn 
'till the governor should find occasion to require their fur- 
ther attendance. 

Having sent this answer the assembly adjourned till the 
23"^ of the following September — the first of October came 
on the anniversary elections according to charter — the 
representatives then chosen met on the 14*^, and were told 
by the governor that : 

Although as he perceived the choice of representatives 
in assembly had fallen generally upon the same persons 
now, as were in the last year, with whom so much time was 
unhappily lost by he knew not what influence which might 
and ought to have been spent in the ser\dce of the country, 
yet he was now to look upon them as a new choice and that 



104 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

they were to consider themselves as entirely disengaged 
from those differences and fruitless disputes which they 
very improvidently and unnecessarily fell into and main- 
tained, and that this they would find to be the first effectual 
advance to business, and without which it was in vain for 
him to meet them. 

That he should without any design of reflection upon the 
proceeding of the last assembly (for that these would have 
their weight elsewhere) but for the benefit and use of the 
present in a few words point to those i^ocks they split 
upon, which they might easily avoid. The chief est and he 
thought the cause of most of the rest, was the assemblys 
being so fixt on, and tenacious of every thing they them- 
selves proposed tho altogether foreign to the great business 
then in hand; no less than the restoring to her majestys 
subjects the courts of judicature and reviving the pleas 
and process, the very essentials of a well regulated govern- 
ment, that several things inconsistent with his duty tho 
not essential were put into a ballance with those great 
rights the people then languished for, which, says he, / do 
most seriously protest was my earnest desire to pass a bill for, 
and was ready to agree to every thing consistent with the just 
discharge of the trust reposed in me for that end, and that 
he doubted not but when they came to a review of those 
affairs, they would find that every thing necessary to the 
establishment of courts had been actually consented to 
almost in the very manner proposed (altho many things in 
that bill might have been found at a time when there was 
less necessity for a law not altogether proper) and that it 
must appear very unaccountable to impartial men, that the 
house could not think fit to agree that the country should 
have any courts at all, unless he would suffer a bill, stuffed 
with various matters not any wise then pertinent to pass. 

That he hoped what he had said w"^ serve for a sufficient 
caution to them of falling into the like mistakes, whereby 
this province instead of enjoying the great advantage and 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 105 

benefit of the best of constitutions, to wit, assembly's 
might have cause to think them the greatest grievances. 

That what he had now to offer for the service of the coun- 
try was to recommend to their consideration the preparing 
such a bill for establishing the Courts, that might consist 
with reason and his duty to pass, for that certainly he 
should pass no other, and this he proposed not from any 
necessity they lay under of such a law, the courts being 
settled by as good authority as any derived from the royal 
charter, but to convince them he was still truly inclinable 
to give general satisfaction by a law, and to remove those 
ill impressions that have made upon the ignorant against 
the present establishment, and if any thing on their parts 
might be thought upon for the honor and service of the 
country, he should freely accept their proposals, and readily 
agree to whatever was conducive to that end, when he 
returnd to meet them again; for that they knew manifestly 
the affairs of the lower counties interfered with those of the 
province by reason that her majestys service did immediately 
require his presence there, whither he designed tomorrow, 
where he should use all possible dispatch and in the mean 
time it was necessary that they should be adjourned. 

They told him they had deliberately read and considerd 
the copy of his speech, and finding it to contain severe re- 
flections against the last assembly obliged them to inspect 
their minutes and proceedings, on which they found they had 
taken great pains and used earnest endeavors for the service 
of the country, who they were fully assured were well satified 
therewith, so that they conceived this sort of treatment to 
be an indignity ofTerd them unbecoming his station. 

That as to what he said that the i?ock they split on was 
being fixed and tenacious of every thing they themselves 
proposed tho' altogether foreign to the business then in 
hand, to wit, restoring to the queens subjects the courts of 
judicature, and revi\'ing the pleas and process &c. 

They found by the journal of the house that divers con- 



106 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

siderable alterations were made to accomodate the bill of 
courts in divers respects to his mind, and upon a review of 
the whole bill the several paragraphs of it having been 
distinctly read in the house, they were of opinion that it 
containd nothing foreign to the regular establishment and 
well being of the courts of judicature, but on the contrary 
considering the magistrates here were generally such as 
had not been very conversant in the law (and that the 
obtaining and continuing those of greater knowledge and 
experience, W^ be both difficult and uncertain as well as 
chargible) the said bill would be of great use and service to 
the province in general as well as to those concerned in the 
magistracy in particular to whom they conceived it would 
be as a directory for the discharge of their duties; neither 
could they perceive anything in it inconsistent w**" his 
duty to pass, nor (as last amended) much differing from his 
own proposals, save in two points, the one about displac- 
ing of clerks for misbehavor, and the other about the jus- 
tices granting licences, both which were agreeable to the laws 
of England, that ought to supply the defects of their own. 

That if the people then languished for those great rights 
as his speech suggested, they intreated him to consider 
that the repeal of the former law about courts came to his 
hands long before that assembly were elected, and if the 
assembly in being at the arrival of the said repeal would 
not agree with him to settle them by a law, he had the 
opportunity of doing it sooner in the method since taken and 
applauded, and if blame were due to any on that account, 
they knew where to place it. 

That they did not conceive that the bill was stuffed, with 
various matters not anyways pertinent, nor that it would 
appear unaccountable to impartial men, that the assembly 
then insisted on what they did as he was pleased to suppose, 
which would render not only them, but the generality of 
the freemen (who by a second choice have signified their 
approbation of those proceedings) very ignorant as well as 



HISTORY OF THE PROVINCE OP PENNSYLVANIA 107 

great enemies to their own interest, & were it true, they 
merited pity more than blame. 

That they were of opinion, notwithstanding his protes- 
tation of a desire to pass the bill for establishing courts, 
that his pretended readiness to agree with the last assembly 
and his present speech filled with reflections and invectives 
against them could not be well resented by the country 
nor be a prudent method of begining business with the house. 

That if the last assembly had been guilty of the mistakes 
he suggested, his caution to them would be more season- 
able, but they, having used their endeavors for a regular 
establishment, and shewd their dishke to the violation and 
encroachments attempted upon the rights of the subject, 
and being resolved to follow their example therein, and do 
what they could for the public good, there would be no just 
cause for any to conclude that this part of the constitution, 
wherewith they were entrusted, would become a grievance 
to the province unless they would concede that the power 
granted them by the royal charter should be renderd so 
precarious as some would have it subservient to arbitrary 
designs & practices, leaving the grievances of the people 
unredressd, and those evil ministers and officers, that op- 
press and abuse the country to go on without rebuke. 

That as to the preparing such a bill for establishing 
courts as might consist with reason and the governors duty 
to pass, as he seemed resolved to pass no other, so they 
hoped they should never press or (so much as) propose it, 
tho' they could not but take notice that his suggesting a 
doubt to the contrary argued a diffidence of them before 
trial, which look'd something uncharitable. 

That he was pleased to acquaint them that they lay under 
no necessity of such a law, and that the courts were already 
settled by good authority only he was willing to remove 
those ill impressions that have been made upon the igno- 
rant, if they were of that opinion, they thought it would be 
misspent time to do it by a law. 



108 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

But by the complaints already laid before them of the 
great injustice in those courts, and abuses and injuries sus- 
tained by the queens subjects of late in being denied those 
remedial writs W^ even his own ordinance prescribed should 
be granted of course, they were sensible of the contrary and 
had good cause to believe there was some defect which (as 
he was pleased to say in another case) would, they hoped 
have its weight elsewhere if not speedily redress'd here. 

That to conclude what they conceived would be for his 
honor and the service of the country was that he would be 
ready to concur with them in passing such bills as might 
be truly for the good and benefit of the people under his 
care, especially that the current of justice might be opend 
by a proper and legal way, which at present seemed much 
obstructed, and that he would consider the said bill with 
the others already lying before him for that end, all w"*^, 
they understood were prepared and presented by the last 
assembly, though they found no answer upon their minutes 
either to the said bills or their address about the New Castle 
imposition, and other abuses then complained of, and if 
he pleased to shew them his objections to any of the said 
bills, they should have their due weight, that had he favord 
them with an account of the time they should have met, 
they would have adjourned accordingly, but being uncer- 
tain how long affairs might detain him there, they had 
(unless he thought fit to convene them sooner) adjourned 
till the nineteenth of November next, and hoped and ex- 
pected a friendly meeting with him to proceed in the further 
consideration of the said bills, and such other matters as 
might occur. 

They accordingly adjourned to the 19*'* November when 
they met again, and the governor, by two of his council, 
Thomas Story and William Trent, sent a message to them, 
the contents whereof, according to the assemblys appre- 
hension purporting a refusal to act or proceed in legislation 
with the house until he should receive the opinion of the 



HISTORY OF^ THE PROVINCE OF PENNSYLVANIA 



109 



lords of trade, especially in relation to setling the courts 
of judicature in direct opposition to his speech made to 
them at their first sitting, wherein they alledge he seemed 
earnestly to press the setling the said courts by a law, and 
further observing the said paper to contain very abusive 
and unjust calumnies and reflections against the house, 
having, as they said, a tendency to violate that part of the 
constitution of the government, whereby assemblies were 
to continue and sit, upon their own adjournments altho' the 
exception in that clause (whereby he would pretend to the 
power of prorogation) reserving a power to call the assem- 
bly again at pleasure, renders the whole pretence absurd, 
and repugnent to itself, and also alledging that altho' the 
said paper was said to be sent by the governor, yet it was 
neither signed by him nor directed to the assembly or the 

speaker. 

Thereupon a debate arising among them whether the 
assembly should take any further notice thereof, it was 
resolved N. C. D. that for as much as the said paper is 
filled with bitter invectives, false charges, unjust calumnies, 
gross abuses, and base reflections against the representa- 
tives of the freemen of the province in assembly met, and 
that also by the said paper, attempts were made to violate 
that part of the constitution of the government, whereby 
assemblies were to continue and sit upon their own ad- 
journments, the better to introduce arbitrary power, and 
seeing the same was neither signed nor directed to the 
assembly, that therefore the said paper should be rejected, 
as unbecoming the further notice of the house. 

This concludes the business of that sitting, so that hav- 
ing only sat two days, they adjournd till the 18*^ of the 
month called May next year when they met again, but the 
governor being gone to New Castle, the house from his 
absence and uncertainty of the time of his return, adjourned 
till they were sunomoned to meet again. 



CHAPTER XI. 

Governor Evans Calls the Assembly — Strenuously Recommends Meas- 
ures OF Defence — The Assembly's Reasons for Non-compliance — • 
The Governor Replies by two of His Council — The Assembly's 

Answer. 

1708. The second to the month call'd August this year, 
Evans summoned the assembly to meet in legislation. 

The occasion, he says, of their being so unexpectedly 
called together was to lay before them the heavy pressures 
and grievances they at present laid under, the greatest that 
ever (he supposed) this province as yet had felt, in having 
their river and capes so beset with the enemy, that their 
navigation had been rendered almost entirely impracticable, 
and the losses that the trade (the only support) of the place 
had very lately sustained by the unhappy adventurers and 
traders being ravaged and plundered at their own door after 
the many risques abroad, and the real danger they daily 
lay exposed to, of suffering more from such an encroaching, 
and unresisted violence must sufficiently shew the necessity 
of taking measures to drive so destructive an enemy from 
that station, which they seemed to have taken up through 
an opinion that they could nowhere commit their spoils 
with so much safety. 

That whatever was to be done on his part in order to 
this, he was ready and willing to perform, but as nothing of 
this nature could in his apprehension be carried on effectually, 
without some supply of money, and they at present made 
up that part of the governm* which was necessary to con- 
cur in the raising those supplies, he hoped he might with 
reason expect from their so unhappy a condition, that they 
would without any loss of time, fall upon such measures as 
might enable them to put a stop to so insupportable and 
he feared so growing an evil. 

That the sole end and design of government was to main- 
no 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 111 

tain justice, that is, to preserve to every man his right against 
all invaders, they had laws against thieves and robbers, and 
officers to put those laws in execution, if they resisted, they 
were taken by force, when occasion obliged them to submit 
to the last extremity, & without this, there would be no 
such thing as government. If then, they found it their 
duty in government to suppress a private or particular 
force, by all the means necessary to it, how much more 
incumbent was it upon them as a government to suppress 
that force which was destructive to the whole. That now, 
for aught he knew, might be the very time by a prudent 
discharge of their duty to prevent the utter ruin of the 
place, because unless a check was given to their boldness, 
to convince them they were not to be plundered with such 
ease and safety as they seemed to believe they had very 
great reason to fear, they might and would visit them in 
their houses as they had done to some better defended 
colonies. That such without any aggravation was the pres- 
ent unhappy condition of the government, and that it 
loudly calld for the help of their representatives, and which 
he thought was in their power to give, without offering 
violence to any principles except such as are against answer- 
ing the end of government mentiond before. 

That he deferrd calling them together during the necessary 
affairs of their harvest, that they might with more alacrity, 
enter upon the business proposed to them, and he hoped 
they would unanimously serve the country in so great an 
exigency. 

The assembly repUed that the account they had of the 
losses which the trade of the province had sustained, and 
the interruption of their passage in the bay and river was 
matter of great concern and trouble to them, though it was 
a calamity that befel the neighbouring colonies as well as 
the inhabitants here, but that an enemy should be sufferd 
so long to make their capes his station and no care taken 
(as they understood) to give notice thereof to the vice- 



112 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

admiral, until those great spoils were committed, had been 
such a neglect as administerd cause of dis-satisfaction and 
complaint, for they understood the queen out of her royal 
care to her subjects, and safeguard of the sea, had given 
the high admiral and his deputies ample authority to scour 
the coasts of all such robbers and to secure the navigation 
of this as well as the rest of her colonies, and protect the 
merchants in their lawful trade. 

That they know that the people of this province had not 
been wanting on their parts and according to their abilities 
and circumstances to raise supplies from time to time and 
granted to the proprietary eight hundred pounds out of the 
last land tax, together with half the impost and excise, and 
orderd the same to be paid to the lieutenant governor for 
the support of this government, and the administration 
thereof, & that they found that the governor had received 
the said eight hundred pounds, and that his part of the 
impost &c, already collected and secured amounted to above 
five hundred and fifty pounds more, which, with the fines, 
forfeitures, licences and other profits arising in casual & 
accidental ways, that had been taken by the governor or 
secretary in behalf of the proprietary ought (as they under- 
stood) to be applied towards answering the ends of govern- 
ment, which the queen they presumed expected from all 
that would undertake the administration thereof in any of 
her dominions. 

That they knew that when this province was granted to the 
proprietary, he had power at his pleasure to convey any part 
or parts thereof, and to erect manors, and to reserve such 
rents, customs and services as he should think fit, in pursuance 
whereof he sold lands to a great value, and reserved rents 
sufficient in a moderate way to maintain him or his lieuten- 
ant answerable to their station, nevertheless, when his 
exigencies have been such as required a further supply as 
in the year 1700 the assembly assisted him by an impost 
for two years, which amounted as they were informed, to a 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 113 

very considerable sum of money, and a Tax of two thousand 
pounds besides, which tax and impost the then assembly 
appropriated to his own particular use, but the said eight 
hundred pounds & half the impost so granted as aforesaid, 
were appropriated for the support of government & the 
administration thereof, therefore they expected that the 
same had been or would be so employd and that the gov- 
ernor and council forthwith, according to the power given 
by the act would oblige the collectors of the tax to gather 
the arrears with all expedition, and if what was so appro- 
priated for the support of the administration of the govern- 
ment, would not be sufficient to answer the present occa- 
sions they should with all alacrity proceed to raise a new 
supply for the public service of the province. 

For as they partook of the queens gracious protection to 
all her subjects so they held themselves obliged in duty 
to give supplies for supporting the government according to 
the powers granted by the royal charter, and altho' they 
did not pretend to direct the way and manner that the 
governor did or should dispose of those supplies, yet they 
conceived it their business to enquire, and did accordingly 
desire to know whether they were applied for the support 
of government, and they also requested an account of such 
late Indian treaties and messages with the charges thereof, 
as had not yet been laid before the assembly. 

The governor replied by message by two of his council, 
William Trent & George Rock 

That the distresses her majestys subjects in this province 
lay under, and the plainness he had used in representing 
them, would now, if ever, have obliged them to treat so 
important a concern with the candor that became men of 
reason upon so pinching a necessity, that he could not but 
think it reasonable to expect that they would if possible 
come to some speedy resolutions to put a stop to the grow- 
ing mischief, and impending dangers with which they were 
daily threatned,or if they should find this (as he thought it not 
8 



114 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

impracticable) that then they would propose such other 
methods as they should judge for all their safeties to be 
most advisable, adding that to have this affected was so 
highly incumbent on him in his station, that he must once 
more urge, and press the matter very earnestly and tho he 
was resolved to avoid spending of time as had too often 
been done in fruitless messages and returns to them, yet 
lest they should think what he had received from them 
ought to be taken as an answer to what he had laid before 
them, he should with the same plainness take notice of 
each particular of it, that upon maturer consideration, they 
might think themselves obliged to fall upon measures more 
becoming their station, and the weight of the business now 
before them. 

That he was sensible the calamity he had mentioned, 
affected not this colony alone, all her majesty's dominions 
were by the same means (as it always happens in so pressing 
a war) in some measure sufferers with them, but that what 
distinguished them at this time was, that there was not one 
colony in America, that had so considerable a trade, by their 
own shipping, a town so inviting to an enemy as this; but 
what had some kind of provision made for a defence that 
might discourage an attack or invasion, while their nakedness 
seemd to be as well known to the enemy as their name, or 
at least their situation, and encouraged them to treat them 
accordingly. 

That it would be happy for them, 'twas true, if they could 
reap such a benefit from the authority (as the house alledged) 
that her majesty in her royal care of her subjects, and the 
safeguard of the sea, had given the lord high admiral and 
his deputies such power as to have their coast here protected 
by that means, without any concurrence of their own, but 
that it was in vain, he doubted at present to expect it. 
That col. Seymour governor of Maryland was now vice- 
admiral of this province, and had his deputy in this place, 
but neither of them had any force at their command, that 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 115 

he could hear of, which they could (if wiHing) employ on 
this service; that to depend on such relief would be to amuse 
themselves in vain, of which he could not persuade himself 
that they could be insensible even at the time they thought 
fit to make that a part of their answer. 

But if it was intended that he should have applied to the 
governor of New York, upon the first notice of their losses, 
for assistance, from thence, he must inform them, that be- 
sides that he had no right to crave it, further than what his 
goodness might have condescended to, together with the 
first account he received of their losses, he was also informed 
that both her majesty s ships attending that government 
were then at sea, and one of them had spoke with the priva- 
teer, no longer than a day or two before he did the mischief, 
but was prevented by the weather from engaging, so that 
an express at that time could not (as it then appeared) have 
been at any service, and further he had so great hopes given 
him of putting something in execution so effectually them- 
selves, that such an application at that instant would have 
been needless, but this fell to the ground for no other cause, 
than the want of a fund to bear out the charge, all other 
necessaries offering at that time with more ease and in 
greater plenty than has been known in the place before. 

That for his own part he was heartily zealous to do all 
that became his station, and if any step was omitted that 
they afterwards found might have proved of use to them, 
that being now past it might be lamented but could not be 
remedied, but what measures were, or were not then taken, 
was not the point now before them — the past losses were 
not their only grievances. That they lay disposed to suffer 
more, and without other measures as he had already told 
them, they were in danger of utter ruin and desolation, that 
to find proper means for preventing this, was the important 
business that most seriously concerned them all, that every- 
thing in this world that could be dear to them in a great 
measure depended on it, nor was it to them alone that they 



116 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

owed this duty; her majesty would expect it from them, lest 
by their failures so considerable a colony should be cut off 
from her dominions, and that this he had already told them 
could not be effected without some supplies of money, in 
which their immediate concurrence, was absolutely neces- 
sary, but instead of granting them tho' the occasion there 
was for them could admit of no dispute, he was most sur- 
prisingly turnd over to an account of what the proprietary 
had from the begining received by means of this province, 
without remembering any part of his expences upon the 
whole of which, notwithstanding, when taken altogether, 
he was at this instant, as he had great reason to believe, 
very much a loser, and had deeply sunk his other estate by 
it w"'* was clear before, but that forgetting all his expences, 
whatever had been paid was reckoned up as it were so much 
entirely gained, and being so were to be accounted no part 
of his own estate, but must be laid up in store for the use 
of the people, and their future exigencies here, that to men- 
tion this as the matter really was when divested of the glosses 
put upon it to serve another end, was sufficient to expose 
its extravagances, but that no shadow of a pretence for 
declining so necessary a Duty as was now under considera- 
tion, might be left unremoved, and to prevent the like on 
all future occasions, he should here take notice of all they 
had insisted on, and clearly shew them that not one par- 
ticular they had mentiond was to the purpose then in 
hand. 

That it was very reasonable to believe that the pro- 
prietary having sold lands to a great value, received con- 
siderable sums for them, and they found he had reserved 
a quit rent on them all, but then upon enquiry he perceived, 
that in consideration of the money and those quit rents, the 
proprietary by firm but common deeds of sale, granted the 
purchasers a free estate of large tracts of land which they, 
or some in their behalf now enjoyd; and he was told that 
there was not in any of those deeds one warrantee to defend 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 117 

the possessors against hostile or invasive force, or one 
covenant that mentioned government or the support of it 
in any of them all, but that forty shillings down, and one 
shilling yearly was the consideration paid on the one hand 
for an hundred acres granted on the other — that he had been 
told of these quit rents once before to the great surprise of 
those that heard it, and knew much more of the matter than 
he could at that time, but upon a full scrutiny into the 
whole by some whom it concerned, he perceived there could 
not be one trace found of any such compact, but in the pre- 
tended memory of two or three persons, who were noted to 
have stronger prejudices than reason, and who in these 
points were not too much to be relied on, & he was informed 
that for many years before this government wanted suppHes, 
this notion had never once been heard of, but was just then 
started, and perceived it to be greedily laid hold of partly 
by some whose narrowness made every pretence to save 
money very acceptable, and partly by others to whom any 
kind of handle to obstruct business was no less agreeable, 
but was entirely exploded by such as were much better 
judges from clearer reasons, and better opportunities of 
knowing, so that upon the whole he found the proprietary 
and those concerned for him, accounted that these quit- 
rents, and the government here, were no more related than 
his estate in Europe was to that of Great Britain, and there- 
fore it was impossible for him, the Lieutenant Governor, 
to come at one farthing of them to answer any of these ends 
now proposed, which he desired might be a perpetual answer 
from him upon this head. 

That the next in course being two thousand pounds 
granted A. D. 1700, of which about one thousand six hun- 
dred pounds was to be paid by this province, was as far out 
of his reach, nor could he find by the act for raising it, that 
ever it could be strained to answer any of their present 
occasions, were it in bank at the time, for that it was al- 
ledged the proprietary paid very dear for it another way. 



118 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

That the impost (whether great or small he knew not) 
was then a yearly support so long as it lasted, tho' not for 
three years as they affirm; while it was paid it doubtless 
had its service but it had been expired this many years, with 
all its profits, and therefore now yielded not one penny. 

That the next, and what came nearer was eight hundred 
pounds granted to himself, w*'^ he had received, and five hun- 
dred and fifty pounds more as they said by the impost — the 
first was true he acknowledged, and having now been in this 
government above four years and an half, and had received 
by that tax, by their computation, one thousand three hun- 
dred and fifty Pounds, which yet was not true, to which they 
might add if they pleased, one hundred a year more by per- 
quisites, which was also much more than they had amounted 
to, and thus they might make up the even sum of one thou- 
sand eight hundred pounds, or four hundred pounds a year 
since his arrival. That this at the current exchange was two 
hundred and fifty pounds sterling not paid in England where 
it would be of much greater value, but in Pennsylvania, where 
all European goods were sold at near a double advance, even 
in sterling — that he was not unwilling it should be believed 
(tho' not true) that he had received so much yearly for his 
support in the administration of this government, and yet 
had not one farthing to spare out of it for the defence of 
the place, or other exigencies more than any private man 
on the same score, which he assured them was the case; 
nor had he ever before heard it suggested that any part of 
these sums were designed for any other purpose than his 
own support, to which alone they had been converted, but 
much less that they were to defray the charge of such par- 
ticular exigencies, for which in all her majesties other domin- 
ions particular funds had constantly been allowed, and 
their purposes as particularly declared. That from what 
remained of that whole fund, they might very well know 
how it was appropriated, and what debts were to be dis- 
charged by it, which it was now found would, with the other 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 119 

great draughts that had been made on the treasurer, take 
up the whole were it all collected, but when this would be, 
was but too uncertain, the remissness of the collectors 
being greater than all the methods the council could use, 
had been hitherto able to remedy. 

That he had more largely than at first intended, made it 
clear to them that of all the sums they had mentiond, there 
was not one penny to be had to answer the pressing occa- 
sion laid before them; it was therefore immediately incum- 
bent on them, to resolve without delay, and let him in clear 
terms know what was to be expected, that he was not now 
asking anything for himself, it was for their own immediate 
service. It was they, and all her majestys subjects in the 
province, whose interest and estates lay at stake, who there- 
fore called on those in whom the power of government was 
lodged for a speedy and timely provision, that his willing- 
ness who was concerned in the administration, he had 
sufficiently expressed, it now lay upon them to advise and 
concur in what was necessary to be done, for without their 
assistance they well knew it was impossible for him to effect 
anything, that he should not direct them any further only 
they might assure themselves, that as this whole business 
was the most serious that could in this world be proposed 
to men, so it would be pursued accordingly, for give him 
leave to say, that tho' they were the present representatives, 
there were great numbers of others who, finding their all 
engaged, would conceive themselves at least, as deeply 
interested, and therefore would assuredly apply to other 
hands for what they failed of obtaining from theirs. He 
desired them to lay this with the rest seriously to heart, and 
consider that it was realities and not words that were wanted, 
and that they would give him their result in express terms 
as speedily as possible for after he had thus explained him- 
self, there should be no more time spent on messages on this 
head, nor should he be willing to receive any, but what 
were directly and immediately to the purpose. 



120 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

The assembly on this observed 

That as it imported matter of great moment to the in- 
habitants of the province, and divers of the members of 
assembly were absent from their service, they would adjourn 
for three or four days, to the end the respective members 
might confer with as many of the most principal freeholders 
and inhabitants of the province, as they could conveniently 
meet with (in the interval) upon the subject, as also to 
acquaint the absent members that the house expected their 
attendance at their next meeting, all excuses laid aside, and 
after making an order that the governors message should 
be the first thing read and proceeded on at the next meeting, 
they adjourned for a few days; and when met again, divers 
of the members from the counties acquainted them they 
had conferred with their constituents. The House now by 
message acquainted the governor that as they esteemd his 
end in calling them at this time to be a matter of great 
importance, so they prefer'd the consideration of it before 
many grievances, pressures and distresses that lay heavy 
upon the province, while such as were deemed in great 
measure the occasion escaped unpunished indeed, that the 
torrent of debauchery seem'd to overflow the place with 
security; that the hands of those that would stop it were 
weakened under the present administration, and after this 
bold stroke, say they forebore to be more particular con- 
cerning those distempers of the state, yet conceived it their 
indispensible duty to mention them as matters of complaint, 
which if not remedied might prove the means of bringing 
some mark of the divine displeasure upon the province. 

That tho' the proprietarys power as captain general had 
a large extent, yet the legislative authority was bounded by 
the river Delaware, and went no further down than twelve 
miles on this side New-Castle, and that no power was given 
the governor by the charter or otherwise as they knew of, to 
set out vessels of war, or privateers but as the river and bay 
below, as well as the sea coast, were chiefly under care and 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 121 

subject to the command to lord Cornbury, governor of the 
Jerseys; and vice-admiral of the same, they thought those 
concerned in trade, who depended upon such a safe guard, 
might reasonably expect the benefit of his authority, which 
extended not only to fit out ships of war, but also to arrest 
ships and vessels, for the defence of the sea and sea coast 
which none could do, as barely governors, without special 
commission or licence from the queen for that purpose, 
whence they concluded that if the vessel the governor had 
arm'd and fitted out had taken the enemy, he might per- 
haps have met with more difficulty than Hurst did to make 
such caption a lawful prize. 

That this was not the first time colonel Seymour's name 
had been used to amuse them, they never heard that he 
exercised the power of vice admiral in the Delaware, but 
that lord Cornbury did, and that they were told upon 
another occasion, he convinced the governor he had ample 
authority for so doing,^ however they were well assured that 
he shewed a great deal of readiness to protect their na\'iga- 
tion, without any other concurrence or application, but 
what he received from private hands as they were informed, 
and this they conceived he did not only in discharge of the 
trust reposed in him by the high-admiral, but in honor and 
duty to the queens majesty, upon whom the law had put 
the charge and care of her subjects protection, in which 
the merchants were peculiarly regarded, as appeard by 
many unquestionable authorities; but that of these they 
should here mention but one, which they thought full to 
the purpose. 

That was one Bates's case, adjudged in the court of 
Exchequer, where it was agreed that the king in his pre- 
rogative, had the whole dominion of the *Sea, and that all 
the ports were the kings. That the king had the sole power 
to restrain or forbid the going beyond sea, the sole appoint- 
ment into what countries the merchants should or might 

« Probably R** Hills affair in going by the fort at New Castle. 



122 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

trade, and into what countries they should not trade; and 
for these respects the king was to maintain the ports or 
provide for the safety of the merchants, and to clear and 
scour the narrow seas from pirates and robbers, for doing 
whereof was added the tonnage and poundage granted by 
parliament, and that since then divers other duties and 
customs as they understood had been given on the same 
account, so that upon the whole matter it seemd chiefly 
incumbent on the governor of this province with respect to 
the safeguard of the sea, when an enemy was discovered 
upon the coast, to give the vice admiral notice thereof and 
since the governor had the third of the forfeitures upon the 
acts of trade they thought he was, or might be well rewarded 
not only for his care in seeing the said acts complied with, 
but also for his vigilance in the other part of his duty — that 
if their merchants could not reap the benefit of protection 
from any of the forementiond supplies yet the trade of this 
place being crampt with an impost, and the moiety thereof 
appropriated for support of government, they thought they 
ought not to be put upon sending for a convoy as they were 
informed they were forced to do at their own charge. 

That as to the supply they should have occasion to speak 
of it hereafter, and as to the proprietarys expence, if any 
had been upon the account of the public exigencies of the 
government, he ought to be allowed for it, but as to what 
they mentiond concerning the proprietaries rents, and the 
two thousand pounds tax and impost (which thro' mis- 
prision of clerkship was said in their answer to be for three 
years where it should have been but two) the governor had 
no just cause from anything they said to draw such conse- 
quences as he did and endeavor to invalidate affirmative 
proofs with bare negatives. 

But that they were still of opinion that it was much to 
the purpose to mention them as they did to shew that 
proper measures had been taken to provide for the support 
of the proprietary, and his duty differing from the means 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 123 

ordained for the support of government, it was not a dis- 
tinction of their making, but what they collected from the 
very expressions of their late laws for supplies, and if so, 
where was the extravagance of what they mentiond on 
this head? Was it because they said that the rents reserved 
were sufficient in a moderate way to maintain the proprietary 
or his lieutenant answerable to their station — they saw no 
cause to decline saying so still. 

That if they desired the proprietary would be content to 
live upon his rents, and that fines, forfeitures, escheats, 
and other profits and perquisites of government should be 
employd for the common good and public service of the 
government, it would not be without precedent, for they 
found that the commons of England petitioned that the 
king would live of his revenues, and that escheats, forfeitures, 
and other profits of the crown might be kept to be spent for 
the defence of the kingdom. 

That they were not willing to suppose when the proprie- 
tary was favored with the royal charter, and by virtue 
thereof assumed the government here, and became entitled 
to royal mines, escheats, fines, forfeitures, and other profits 
(which in their own nature are rights of the crown, and as 
such ought to be employd for the common good) that he 
intended to deck himself or his deputy with those jewels, 
and not have directed them and the other supplies given 
for the support of government to be employd for the good 
of the public as revenues of that nature ought to be, but 
we hope he so intended. Therefore as the governor was 
employd by the proprietary to supply his absence in the 
administration of this government, it would have been much 
safer for him to have laid hold of what he found uncollected 
of the two thousand pounds tax to convert to his own use, 
than the eight hundred pounds and half the impost (given 
for support of government) with fines and perquisites were, 
they supposed, much more than the governor's computa- 
tion — they thought it their duty to insist that they might 



124 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

be applied to answer the occasions of the pubHc, and that 
before they proceed to the raising of any new supply, be- 
cause the account they had of the former, was no demonstra- 
tion at all that the fund was expended as it ought to be, 
upon support of government, but directly the contrary. 

The governor not replying to this answer, messengers 
were sent to inform him the house was about to adjourn, 
but first desired to know whether he had anything further 
to communicate to them; he answered, that he had nothing 
further to say to them but intended to take other measures. 

That house then adjourned & met no more. 



CHAPTER XII. 

Evans Removed From the Government — Charles Gookin Esq' Succeeds 
Him — The Assembly Then Sitting Congratulate Him, and Lay Before 
Him Sundry of Their Grievances — The Proprietors Charracter of 
Gookin — Substance of Gookins Speech to the Assembly of 1709 — 
Of the Assemblys Address — An Address of the Council to Gookin — 
The Assemblys Reply to It. 

After the next election the new chosen members met as 
usual on the 14^^ of October, but the governor was again 
absent at New Castle, they waited for his return till the 
16*^ and then from the consideration that he had absented 
himself from the province just at the time when by charter 
the assembly should have met him, and that the time of his 
return was very uncertain, as also that for two years before, 
they could not prevail with him to pass one bill proposed for 
the public good of the province, concluded to adjourn. 

Here ended the disputes with Evans, — the relation of them 
has been the more particular, as they contain the substance 
of many of the same kind that have happend since. 

This was the last meeting of the assembly in his time. 
Their repeated complaints to the proprietary proved effectual, 
so that he removed him from his government, and appointed 
Charles Gookin Esq. to succeed him, who arrived in the 
spring this year — the assembly were at that time sitting, 
and tell him in thek address. 

That they can do no less than congratulate his seasonable 
accession to the government, and render their most grateful 
acknowledgements to the queen for her gracious acceptance 
of the proprietary's nomination of him to supply his absence, 
and to him for constituting a person of so fair a character, 
furnishd as they hoped with a full resolution as well as 
power to redress the aggrievances, and remove the oppres- 
sions that this poor province had for some time labored 
under, occasiond by the irregular administration of the late 

125 



126 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

deputy governor, who was too much influenced by evil 
council, to which the miseries and confusions in the state, 
and divisions in the government were principally owing. 

That they were ready to represent such of those public 
grievances as were laid before them, or occur to their knowl- 
edge in particular articles, and bring them to a proper ex- 
amen, but perceiving by his message to them yesterday that 
he was not ready at this time to proceed with them to busi- 
ness, they should take leave only to mention some of those 
things, which the public weal of this country call'd for a 
most earnest application and speedy redress. 

That in the first place they were to lay before him that 
of the false alarm in May 1706, wherein the late governor 
was chief actor, and for which he was highly chargible hav- 
ing shot at the queens subjects, puting many of the inhabi- 
tants of this town into danger of their lives, and forced 
great quantities of powder and lead from the owners, & gave 
it to such as wasted it, when he knew there was no occasion 
to use it, whereby he deprived the place of what ammuni- 
tion, might be ready for those that had freedom to make 
use of it for their defence in case of an attack. 

The next was that notorious act of hostility he committed 
by firing shot at the queens subjects passing by New Castle 
in this river upon their lawful trade to & from this port. 

That they mentioned these as they were in their opinion 
offences of a deep dye, & committed against the queens 
crown and dignity as well as against the peace, & ought to 
be charged upon him before he departed this province, but 
the method of the prosecution against him, they submitted 
to his prudent care and discretion, and that they should be 
ready to do what was proper on their parts. 

That the Treasurer of the last tax refused to comply with 
the directions of the assembly in paying the public debts 
according to the respective orders drawn upon him, and 
signed by the speaker, and that the collectors of the said 
tax, who neglected their duty in gathering the same, had 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 127 

not been obliged thereunto, according as the act of assembly 
in that case directed, and more particularly the collector of 
the city & county of Philadelphia. 

That the courts of judicature of this province had been, 
and now were erected by ordinances of the governor and 
council, against the advice, & without the assent of the 
assembly, which they complain of as a great oppression and 
aggrievance to the people they represented, and desired the 
same might be speedily redressed, and that the bill prepared 
for establishing courts, with other useful bills might be 
ready to be presented to the governor for consideration. 

That understanding he had brought some commands from 
the queen to this government, as well as instructions from 
the proprietary relating to the pubUc, they desired those, 
with a copy of his commission and the royal approbation 
might be communicated to them, at their next meeting 
which they intended on the twentieth the next month, and 
should adjourn accordingly, unless it was his pleasure to call 
them sooner, which they should be ready to comply with, 
not only in expectation of a speedy redress of their grievances, 
but to settle by law how money should be paid upon con- 
. tracts made and to be made before the new currency of 
money took effect. 

W. Penns sentiments of governor Gookin, will among 
other things appear by the following extract from an original 
letter dated London 28^1^ 7^^^ mo. 1708. 

''Now my dear friends, as to outward things, I have sent 
a new governor of years and experience, of a quiet easy 
temper, that I hope will give offence to none, nor too easily 
put up any if offerd him without hope of amendment — 
The queen very graciously approved of him at first offer, 
gave him her hand to kiss, and at last being introduced by 
the earl of Godolphin, lord high treasurer of Great Britain 
at Windsor, she added S^ I wish you a good journey, and shall 
be ready to serve you. He is sober, understands to command 



128 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

and obey, moderate in his temper, and of what they call a 
good family, — his grandfather sir Vincent Gookin having 
been an early great planter in Ireland in king James the P* 
and P* Charles's days, & intends if not ill treated to lay his 
bones as well as substance among you, having taken leave of 
the war, and both Ireland and England to live amongst you, 
and as he is not voluptious, so I hope he will be an example 
of thriftiness — in short, he has instructions as much to the 
virtue, justice and peace of the country as I can express 
myself, or you desire for your comfortable living, pray there- 
fore receive him kindly, and express it by a modest subsist- 
ence, or rather give it me to give him, or how you please. 
" The lord Lovelace governor of New York and a promising 
one indeed, presses, and the admirals orders for sailing are 
gone down, the wind fair, and governor Gookin leaves me 
tomorrow. I earnestly beseech you to assist James Logan, 
and who else the trustees for repayment of the money here 
advanced, shall nominate, not only to get in, but turn into 
money the best you are able, that I may come honorable 
to you, & speedily, which I propose to do, as soon as you 
and these friends here think fit. Let me have this pledge 
of your love, and it shall be a lasting one, to advise and 
assist you for the expediting the matter, for be assured I 
long to be with you, and if the Lord bring me and mine 
well there, I hope not to return on almost any terms, at 
least not without your advice and satisfaction, for care of 
you, and settling plantations for my poor minors, for planters, 
God wilhng they shall be in their fathers country, rather than 
great merchants in their native land, and to visit Friends 
throughout the continent at least their chief est business." 

1709. Governor Gookin at the first meeting of the house 
in the spring 1709 thank' d them for their congratulations, 
and assured them that he came with full resolutions on his 
part to employ the power with which the proprietary had 
thought fit to honor him, and her majesty had been pleased 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 129 

to approve of, to render the people of this government, as 
happy and easy as was possible for him, in all things that 
should concern their true interest, and be to their real 
advantage, that he had enquired what might be meant by 
those aggrievances, oppressions and confusions which they 
complained of, and whatsoever he should meet that deserved 
those names, should have his ready concurrence to remove 
them, that one effectual method to free all people from the 
apprehensions of grievances, was to lay all former animosi- 
ties, and jealousies aside, and in future apply to such busi- 
ness as they were concernd in for the pubhc, with a freedom 
and openness of temper and an unbiass'd inclination to 
promote the common good without any particular views. 

That as to the two past actions of his immediate prede- 
cessor of which they complained, they were both well known 
in Britain before he left it, and that he had no directions 
to make any enquiry into them, and that upon the best 
advice he could receive here, he found they would not 
properly fall under his cognizance, and therefore could not 
think it fit to concern himself with them. 

That the council of the province now with him thought 
themselves very unjustly treated by then* mentioning them 
if they (as was generally understood) were intended by the 
evil council, of which they had taken notice, and therefore 
had taken the Uberty to vindicate themselves as they might 
see by their application to him, to which he referrd them. 

That the charge against the treasurer was occasiond by 
his and the councils understanding the act of assembly, by 
which the money that came into his hands, had been granted 
somewhat differently from what the present and the late 
houses of representatives had done: that the treasurer 
plead the law as his best du-ection, and that it was fit that 
this alone (i. e. the law) ought to determine the matter. 

That the method of establishing courts by the governor 
and council, was also well understood in Britain, and ap- 
proved of there, as being grounded on unquestionable 



130 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

powers granted the proprietary; that the bill formerly pre- 
pared by the assembly for that purpose, which was now 
before the board, had not been allowed, but seeing the present 
establishment W^ was drawn according to the plan laid 
down in that bill carried some inconveniences and required 
an alteration — he should be ready to agree to any other 
reasonable bill that they should propose for setling courts 
of judicature in such a regular method as might be a lasting 
rule for holding them. 

That what he should principally recommend to them at 
this time, was the matter mentiond in the last paragraph 
of their address (viz) to prepare a bill for setling by law how 
money should be paid upon contracts made and to be made 
before the new currency of money took effect. 

The assembly replied, that tho' they could have been 
glad there had been no occasion for the late hint they gave 
him of some of the oppressions and aggrievances which the 
province had for some time labored under, yet the hopes 
he had given them by his resolution of endeavoring the 
peoples ease and happiness was very satisfactory to them. 

That they hoped this assembly was wholly clear from 
animosities to any, and beseeched him not to be imposed 
on by such as might endeavor to create hard thoughts in 
him, towards the house, who were fully resolved to follow 
his advice (viz.) to proceed to the business before them with 
freedom of temper and unbiass'd inclinations. 

That they were sensible those gross acts of the late lieu- 
tenant governor were not unknown to some in Great Britain 
and tho' he had no immediate directions to make enquiry 
into them, yet when the assembly as the grant inquisitors, 
of the province had informed him of such horrid abuses, 
and acts of hostility and violence, as he had been guilty 
of against the queens crown and dignity, in raising men and 
arms, and firing at the queens peacible subjects to the en- 
dangering their lives (instead of protecting them), which 
were taken to be acts of a treasonable nature, they hoped. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 131 

(notwithstanding the advice he had had,) that he would 
farther consider whether it was not incumbent on him to 
take cognizance thereof, or at least concur in some method, 
that such evil ministers might not escape with impunity, 
but be brought to punishment suitable to their demerits, 
as well as for example and terror to others. 

That they were surprized the council of the province 
should understand from their mention of the late deputy 
governors being too much influenced by evil counsel, that 
they designed the council in general, or that the miseries 
and confusions in the state and government were principally 
owing to them, which they never intended ; but on the con- 
trary, believed most of them to be well wishers to, and pro- 
moters of the interest of the province, and accordingly 
valued and esteemd them; that they designed that charge 
against the secretary James Logan, with some others not 
of the governors council, to whose advice and practice the 
miseries and confusions in this government were chiefly 
owing, as they were ready to make appear; in the mean time 
it was their earnest request and cordial advice, that he, the 
governor, might not be influenced by the said James Logan, 
nor any others to create misunderstandings between him, 
and the representatives of the people, and that they requested 
him, as the former assembly did his predecessor, to remove 
the said James Logan from his council. 

That the treasurers answer was no ways satisfactory to 
them, nor had the council any right to order the disposal 
of that money — that the law was plain in the case, as they 
should be necessitated to let him know. 

That the method of establishing courts of judicature by 
the governor and council, however approved of by some in 
great Britain as grounded on the proprietarys powers, they 
still objected against, that the bill formerly prepared, not 
being allowed of (or some other proposed wherewith the 
assembly might have concur'd) had administred great cause 
of dissatisfaction and complaint and especially the want of 



132 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

regulating and settling the Fees, which (as then taken) were 
very extravagant. 

That they were unanimously of opinion that the present 
method of holding courts and exacting was illegal and arbi- 
trary and an infringement of the rights of the queens free- 
born subjects. 

That they were given to understand he the governor had 
instructions from the queen, supposed to concern them as 
representatives of the people, but should at present acquiesce 
in his answer — those from the proprietary they hoped were 
such as allowed him fully to represent him here as lieutenant 
governor, without limitation or restriction, and they desired 
authentic copies of his commission and the queens appro- 
bation might be forthwith sent them, in order to their 
regular proceeding to the business before them. 

That making all due provision for support of government 
and security of the people was what they held to be their 
duty, and should always be ready to do it as occasion offerd, 
so far as they had power — that as to the bill recommended 
they were so sensible of the necessity of it that they should 
make it their first business, but at the same time expected 
redress of grievances, and the governors ready concurrence 
to such other bills as should be laid before him for establish- 
ing to the people their just rights, liberties and properties. 

This and more to the same effect was among the first 
salutations to Gookin. — The following address from the 
council to the governor, is that above alluded to, and will 
speak for itself. 

" To the honorable Charles Gookin Esq: lieutenant governor 
of the province of Pennsylvania and counties of New 
Castle, Kent and Sussex upon delaware. 

" May it please the governor; 

"We the members of the council of thesaidpros^ince, who 

attended the board during the administration of the late 

lieutenant governor, upon viewing the address presented 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 



133 



by the assembly on the ninth day of March last, think our- 
selves obliged to observe, that in the first paragraph of it 
complaining of aggrievances and oppressions which (they say) 
this province has for some time labored under, occasioned by 
the irregular administration of the late deputy governor, they 
have thought fit to add these words who was too much influ- 
enced by evil counsel to whom the miseries and confusions of the 
state, & divisions in this government are principally owing. 
" It was long (may it please the governor) before we could 
induce ourselves to believe, that men so well acquainted 
with the characters of most of us in our several stations in 
the country, could possibly intend us by the charge, until 
by the observations of others, we were forced to take a 
nearer notice of the expressions; upon which we are sorry to 
find that the word Counsel as there used, together with the 
general construction of the sentence, seems not to admit of 
any other interpretation but that to us principally is owing 
whatever the assembly has thought fit to complain of, or 
can reduce under the general terms they have used: If they 
will disavow any such intention, we shall crave no other 
satisfaction, but if not, we must then desire that they and 
all men concerned in these affairs may know, that notwith- 
standing the proprietary and late lieutenant governor, ac- 
cording to the establish'd rules in all governments whatso- 
ever, from the most polite to the most barbarous nations in 
the world finding themselves under a necessity of having a 
council about them to advise with, in affairs of government, 
have thought fit to chuse us for that service, in which accord- 
ing to our several solemn engagements, we have acquitted 
ourselves to the best of our judgments and abilities, yet 
not one of us receives or ever did expect any other advantage 
by it than the satisfaction of having discharged our duties 
to the country we live in, and to advance the prosperity 
and happiness of it as much as may lie in our power. We 
have no salaries nor allowance paid us by the country for 
this, nor offices of profit to encourage us; what we do is at 



134 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

our own expence of time, trouble and charge, and upon our 
own estates is all our dependance, which giving us as good 
an interest in the country as others can pretend to, and 
being out of the reach of any possible views, different from 
the good of the whole, no man, without a manifest violence 
to his reason, can imagine but that we are as much concerned 
and therefore would be as careful to prevent and divert any 
miseries, confusions, or divisions that may threaten the 
province, as any other set of men whatsoever; so that this 
charge from the assembly if levelled against us, is not only 
unjust, but will be judged we believe exceedingly ungrate- 
ful by all that impartially consider us, and our circumstances 
among our neighbours. 

" After this general accusation, involving us in all things 
that have been irregularly committed, or that any person 
can think so to have been, they enumerate four particulars 
which they call aggrievances : to the two first we have 
nothing to say, and we hope no man can believe that any 
one of us was so much as privy to them, much less that we 
advised them — we here solemnly declare each for himself, 
that we did not. The other two, we acknowledge ourselves 
to be concernd in, and shall always justify: That is, first. 
That we advised the treasurer to take his directions from 
the law alone, and without regard to the partial orders of 
the assembly to the contrary, and to make his payments in 
equal portions, which we hope cannot be counted a griev- 
ance; and in the next to prevent that greatest of all possible 
grievances, the want of pubhc justice, of which by the meas- 
ures taken by the assembly of that time, the country was 
long deprived; — we advised the governor to make use of 
the powers with which he was unquestionably invested, to 
open the courts again, and to restore the courts of justice 
to the oppressed country who had long languish'd thro' the 
want of it, until they could be otherwise established. Men, 
unacquainted with affairs of this kind, and who must take 
their informations from others, may be imposed on by 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 135 

persons of design, and believe that to be irregular, which 
in itself is a most wholsom, and necessary act; but we can 
with assurance affirm, that we had full satisfaction from 
men of the best abiHties, that what we advised and concurred 
in, in this matter was regular, just, and legal. 

" Upon the whole, may it please the governor, tho' on the 
one hand we shall be exceedingly unwilling to have any 
misunderstanding with the representatives of the people, 
well knowing it to be an unhappiness that all reasonable 
measures should be taken to prevent, yet on the other, we 
shall not by any contrivances be diverted from discharging 
the trust reposed in us, during our continuance in this 
station, with honor and justice to the best of our abilities; 
but from time to time shall offer to the governor such advice 
as we shall judge most conducive to the general good of the 
province in the welfare of which we are so nearly concerned 
in our several private interests; and in the meantime hope 
we may justly expect to be secured from calumny and 
misrepresentation. ' ' 

Edward Shippen, Samuel Finney 
Samuel Carpenter, William Trent 
Joseph Growdon, Caleb Pusey 
Jasper Yeats, Richard Hill." 

" Philadelphia 
April 13, 1709" 

" With an exception to what is said of offices of profit, tho 
I enjoy none, as a member of council I sign this. 

James Logan" 

The governor laid this before the assembly, which pro- 
duced the following address to him, in answer to the councils 
application. — 

" May it please the governor, 

" The matter of charge mentiond in our address of the 
ninth of the last month, which some with so much art have 



136 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

endeavored to draw upon the council in general, contrary 
to the import of our words, being by our answer of the 
fifteenth of the last month placed as at first intended, there 
is nothing remains but to shew how these members of council 
have been imposed upon, who have been prevailed with to 
sign that misrepresentation, wherein they are made to sup- 
pose that we in a general accusation, involved them in all 
things that had been irregularly committed (or that any 
person can think so to have been) we have already shewd 
how far we extended that which is called a general accusa- 
tion; so that we hope the council is satisfied that we never 
intended to involve them in all the irregularities of the late 
deputy governors administration, or in all things that any 
person can think to have been irregularly committed by him 
as is falsely insinuated ; for we really think that many of the 
irregularities which he fell into, not only during the time 
that he seemd to be under the secretary's strictest direction, 
but after he shook off that yoke, and acted more like a free 
agent, are in no wise chargible upon the council in general 
or upon the secretary in particular — it is readily acknowl- 
edged that the circumstances of the members of council are 
such as should leave no suspicion of their care to have pre- 
vented or diverted the miseries and confusions which were 
brought upon the government under the late administra- 
tion, but rather engage them to bring the authors and causes 
thereof to justice, and earnestly seek redress of the public 
grievances of the province, some of which have been com- 
plaind of by several of them as well as us; therefore it is the 
more unaccountable how they could be prevaild upon to 
declare to the governor, that they have nothing to say to 
those two particulars mentiond in our address, viz: the one 
about the late governors shooting at the queens subjects in 
the time of the false alarm, and wasting the ammunition 
that then was in the town ; and the other about his hostility 
against the queens subjects, passing by New Castle; we do 
not think the council advised these things, but we are 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 137 

credibly informed that the secretary was so far privy to the 
alarm, that he might have prevented much of the terror 
and damage which ensued thereon, had he discoverd what 
he knew of that intrigue to the magistrates of the town, 
and assisted them to put a stop thereto, as the duty of his 
office and station in the government required; as to the 
first of those two particulars, wherein the council acknowl- 
edge themselves concerned, viz: in advising the treasurer 
to take his directions from the law alone, we never accounted 
it a grievance, but complained because he refused to comply 
with the directions and orders of the assembly warranted by 
the law that made him treasurer, and directs him to pay the 
public debts allowed by vote of the house of representatives, 
upon warrants under the speakers hand; so that the council 
being in this case, but as a set of private men, had no room 
by that law to obtrude their advice, much less to encourage 
the treasurer to disregard the legislative authority lodged 
in the assembly, and treat the orders of the representatives, 
w*^ so much indecency as they are made to do; — nor are 
they to be justified in that they have opposed the late 
assembly in those points, whereon the then governor seemd 
to ground his refusal to pass the bill of courts, and at the 
same time assent to his ordinance, framed for the most 
part in the very words of that bill, omitting only what 
would have shewn it to be a transcript of a regular estab- 
lishment, and leaving room enough, through the absurdities 
of their piecemeal draught to cast an odium upon the bill, 
and involve the assembly in all the ill consequences of the 
ordinance. 

"May it please the governor, we find that the late assembly 
with very much care and application, prepared the said bill 
of courts, and comphed with the then governor in all his 
proposals of amendments save only some few, which had a 
tendency to leave the people open to those oppressions and 
abuses which were complained of, and would have been 
remedied by the bill; so that the want of public justice, 



138 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

which the council call the greatest of all possible grievances, 
has lain at the late governors door; and we think this council 
were exceedingly to blame (if they thought as they now say, 
he was unquestionably vested with power to open the courts 
again) that they had not prevailed with him so to do, rather 
than leave the country so long to languish, through want of 
restoring the courts of justice. 

"We are heartily sorry that the council were prevailed 
upon so far to gratify the enemies of the public weal of this 
province, as to patronize this address, which discovers such 
an apparent design, as well to possess the governor with an 
ill opinion of the assembly as to create more divisions and 
animosities in the government, and engage the council and 
their representatives in an unhappy controversy, whilst 
they should apply their endeavors to redress the grievances 
of the people. 

"We could, may it please the governor, make further an- 
imadversions on that address, as it seems an indignity offered 
to this as well as the late assembly; but having a due regard 
to the public business before us (which we prefer to all 
other considerations) shall content ourselves with the short 
hints we have expressed, for the clearing our own and pred- 
ecessors honest and cordial intentions from the abuses and 
calumnies endeavored to be cast upon us, and shall no 
further trouble the governor on this account unless new 
occasion be giv^en. 

"Signed by order of the house NC. D. the fifth of the 
third month 1709. David Lloyd speaker." 

This being presented to the governor a remonstrance 
followed from the Assembly complaining of sundry petty 
grievances, in some of the counties, mixed with some of 
more importance, several of which seem to have been 
mistaken, others shew this at least, that the house had 
been lately so much used to grievances that they scarcely 
knew how to do without them, — the truth was the speakers 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 139 

resentments/ and the complaisance of the house thereto in 
some respects cannot be justified, but be their motives what 
they might, several good things were produced — if matters 
were sometimes carried to afar, tis perhaps seldom other- 
wise in controversies of this nature — they are however 
generally the more excusable, when it can be believed that 
the public good is principally aimed at. 

' The speaker David Lloyd of Chester, by his long and uniform opposition 
to the measures of government had drawn upon himself the resentments of 
several of those in administration, at length an order came to the proprietary 
to exclude him from all offices in the government, he however afterwards for 
many years bore the office of Chief Justice & died in that station. 



CHAPTER XIII. 

Summary of Disputes Between Gookin and the Assembly 
ON Several Subjects. 

Having made the remonstrance aforesaid, the house ad- 
journed. At the next meeting the governor told them, 
That the queen for the good of her subjects of the provinces, 
had fitted out an expedition with great expence for the re- 
taking Newfoundland, and for the conquest of Canada, 
and had entrusted colonel Vetch, with letters to the respec- 
tive governors, and instructions to agree on proper measures 
for putting her majestys designs in execution, — that Boston, 
Rhode-Island & Connecticut had out done her expectations, 
and he hoped they would not be wanting in their duty. 

That the quota for this province was one hundred and 
fifty men, besides officers, to be victualled and paid as those 
of the other governments, and he supposed the charge would 
amount to about four thousand pounds. 

That it might perhaps seem difficult to raise that number 
of men in a country where most of the inhabitants were 
obliged by their principles not to make use of arms; but 
that if they would raise for support of government the sum 
demanded, he did not doubt getting the number of men, 
whose principles allow the use of them, and that commis- 
sioners might be appointed for disposal of the money, that 
the people might be satisfied of its being rightly applied. — - 

That the present circumstances of the three lower counties 
calld for their attention; that they were not now falsely 
alarni'd;*^ that New Castle seem'd the only place proper to 
make any defence; that he found the people there ready 
and willing to do anything in their power for the good of 
the country; that they lookd on themselves as a frontier 
to the province, tho' a weak one; that if they perish'd, in 

* Alluding to the frolic in Evans's time. 
140 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 141 

all probability the others destruction would not be far off; 
that the interest of the whole therefore required them to be 
furnished with all things necessary to oppose the enemy. 

The assembly replied, that the queen had been at a great 
expence in designs which the governor had mentiond, and 
were it not that the raising money to hire men to fight (or 
kill one another) was matter of conscience to them, and 
against their religious principles, they should not be wanting 
according to their small abihty to contribute to those designs. 
That they did not conceive themselves more liable to 
danger, by the ill-neighborhood of the French at Canada, 
than those of Maryland, Virginia and the three Lower 
counties, which had made them apprehensive that some 
disaffected to the province, had misrepresented them to the 
queen, whose tenderness to them, and their principles, and 
readiness to render their subjects of all persuasions, easy 
and happy, engaged them to pray for the long continuance 
of her glorious reign & administration over them. 

That tho' they could not for conscience sake comply with 
the furnishing the means of such defence, yet in point of 
gratitude to the queen for her great and many favors to 
them, they had resolved to raise a present of five hundred 
pounds, which they humbly hoped the queen would accept 
as a testimony of their unfeigned loyalty, and thankful 
acknowledgment for her grace and clemency towards them, 
and the rest of her subjects; and that tho' the meanness 
of the present was unworthy her acceptance, it was caused 
not through want of good will, and loyal affection, but by 
inability and poverty, occasioned by great losses, late taxes 
misapplied, lowness of the staple commodities of the country, 
great damp upon trade, and their neighbours non-compliance 
with the queens proclamation for reducing the coin; yet 
they hoped she would regard the hearty and cordial affec- 
tions of her poor subjects, instead of a present of value; and 
to prevent misapphcation thereof they had agreed it should 
be accounted part of the queens revenue. 



142 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

They intreat the governor to put a candid construction 
upon their proceedings, and to represent them favorably to 
to the queen. 

That if New Castle was in danger, the vigilance of the 
men of war, allowed by the queen to scour the coasts of 
those robbers, might probably secure them, so that both 
they at New Castle and those above who depended on such 
protection might be the better satisfied. 

The governor answerd, that the glory of her majesty's 
reign had not appeard in any one thing more eminently, 
than in the excellent improvement she had always made of 
the vast supplies which her subjects had, with the greatest 
alacrity raised to answer the public necessities, — that these 
suppUes were no less than one fifth part yearly of all the 
rents of Great Britain, besides many other duties, all which 
were readily paid by people of all persuasions, because they 
knew they were only employd to the advantage of the givers ; 
and yet their losses by sea, and the damps on their trade 
had been at least as great at home as could be anywhere 
pretended in her majesty's other dominions. 

That he could not without surprize take notice of their 
neglect in the sum they had mentiond as agreed on to be 
presented to her majesty upon the valuable opportunity 
now given them to shew themselves truly dutiful subjects; 
that words alone were not much valued by the ministry 
at home, and five hundred pounds from Pennsylvania, 
would add to them but very little weight — that as to what 
they said that were it not for raising money to hire men to 
fight was against their religious principles, they should not 
be wanting according to their abilities to contribute to the 
designs in hand; but although they found a scruple in mat- 
ters of war, no conscience could be pleaded to prevent them 
from dutifully offering to her majesty, at a time when her 
public necessities so much craved it, a sum that might 
become them to give, as well as be in some measure, worthy 
her majestys acceptance. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 143 

That in a time of so hazardous and expensive a war, 
most countries concernd in it might have reason to complain 
of a growing poverty, the general effects of war; yet not- 
withstanding all the reasons assigned by them would equally 
reach most other places (the misapplying of taxes only 
excepted, which he had not yet found any one capable to 
explain to him) — That he hoped this country had not as 
yet, the greatest reason of all others to complain: The 
government was small, but not many as he perceived labored 
under want in it : i/owever if they had but little, a suitable 
part to give was only required, that if a reasonable assess- 
ment of so much in the pound was honestly laid (it need not 
he believed exceed four pence or six pence at most upon 
this important occasion) and whatever the peoples estates 
might be, the tax would then be proportionable and equal 
to rich and poor; and to make it easier, because money was 
scarce, it might be sent out in provisions, which the country 
was now in a better condition to spare. 

The .Assembly answered, 

That they had nothing to object against the excellent 
improvement the queen had made of the supplies raised by 
her subjects, which as the governor had remarkd were no 
less than a fifth part yearly of all the rents of Great Britain. 
That this consideration renderd the present they intended 
so very diminitive in his (the governors) estimation that he 
seemed surprized at their neglect; but they hoped upon 
better consideration he would be of another opinion. 

That the taxes in Great Britain, were upon the profits 
or incomes, not as here upon the whole estate itself, and 
that they were apprehensive by a computation of former 
taxes, twopence, or twopence half penny ^ pound of the 
late currency would be the least that could be raised on 
those three poor counties, to answer the present they in- 
tended, with the incident charges, which they took to be 
as great, or greater tax than had been laid at one time on 
the subjects of Great Britain in this or the last reign; the 



144 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

most they had heard of being but one fifth part, or four 
shilHngs in the pound, on the rents and incomes, at which 
rate, one hundred pounds ground rent per annum, paid 
twenty pounds, but by their method, the same rent valued 
at twenty years purchase, or two thousand pounds, must 
pay twenty pounds sixteen shiUings and eight pence, which 
was more than words alone — that how small soever the 
sum might seem, it was evident it would be heavier on the 
people here, than it had been at any one time on those 
mentiond; which they supposed might have excused the 
smallness of their present with the queen, as coming from 
one of the meanest and poorest of her colonies. 

That they granted most countries concerned in war 
might in some sence complain of poverty, as the effects of 
it as well as themselves who had shewn that they urged not 
that to excuse their want of generosity, but to explain what 
they meant by misapplying taxes; that about three years 
ago a tax was laid on the province, of two pence half penny 
per pound, and an impost and excise on some goods, im- 
ported and retailed, which was appropriated to certain uses 
(viz) eight hundred pounds w*'' half the impost to support 
government; this the late lieutenant governor received, with 
other perquisites, which ought to have been applied to the 
support of government; That the money so appropriated 
had (notwithstand^ the express words of the act) been kept 
or misapplied by him, not only without giving but refusing 
to give the last assembly any account thereof, which was a 
sufficient caution to them in the premises — that they thought 
it material to mention this, to shew that raising money for 
support of government, had been done already to a very 
considerable value, & that the same had been paid to Evans, 
who ought to be responsible for the whole, or so much as had 
not been applied to defray the proper charges of government. 

That they hoped it was easily reconcilable to their duty 
to the queen, that what they would have presented her, 
was not so very inconsiderable, as to be little better than 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 145 

an exemption — that a small handful of poor people as they 
were could not be expected to do much — that by whatever 
counsel he, the governor, might have been influenced in 
refusing their present, it behoved him to consider how far 
he, (a fellow subject) could interpose between them and 
their sovereign, and whether it was consistent with his duty 
to endeavor to bar up their way, and obstruct the queens 
clemency towards them her poor but truly cordial subjects. 

The governor observed to them in answer that the matter 
he had press'd upon them was in him absolutely necessary 
in discharge of his duty in consequence of the queens letter, 
and that he apprehended nothing could be more to their 
advantage than thus to put them on an effectual way of 
recommending themselves to her favor — that if they knew 
a better way of recommending themselves, he would not 
interpose. 

That two pence half penny per pound, as laid here on the 
value of estates was not at all equivalent to four shillings 
in the pound on all yearly rents, he thought might be easily 
made appear, but that if they would lay that assessment, 
equally and justly, he had reason to believe it would raise 
a sum that might come nearer the end proposed. That 
they could not more effectually gratify those who desired a 
dissolution of the present government, than by not dis- 
charging their duty at this important conjuncture. 

Upon receiving a message to this effect, the house resolved 
it their opinion that as the governor had refused to give his 
assent to their proposals for raising £500 for the queen, and 
also refused to proceed to other business as it was now so 
near harvest they would adjourn 'till the harvest was over. 

An address was drawn to the governor in consequence of 
this resolve, who answered that he expected the house would 
not adjourn any longer than from day to day, till the business 
recommended to them should be issued. 

Upon this a message followed to acquaint him that as 
he had declared he would not proceed to the consideratio i 
10 



146 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

of any other business till an issue was put to his late pro- 
posals, it would necessitate the greatest part of the members 
to give attendance without doing any thing for the service 
of the country, whilst a bill for that purpose was preparing, 
that the drawing of the said bill would take a considerable 
time to effect, and therefore they desired the governor to 
consent that the house might adjourn for some time (By 
reason of the harvest) and that they would endeavor to 
appoint a committee to prepare the said bill in the interval. 
This the governor then refused but told them he would ad- 
vise with his council upon it; they adjourned a short time, 
and then sent another message purporting that if the gov- 
ernor would give them no satisfactory answer to the last 
written message, but would still press the business he last 
recommended, of raising two pence half penny per pound, 
that then they should demand an account of the persons 
who accused several of their members with being turbulent 
and seditious persons; that as there was now but a bare 
quorum of the members, nor likely to be more 'till after 
harvest, it would be hazardous and not advisable to put 
the business to the question 'till there was a fuller house. 
The messengers who went with this answer reported that 
the governor told them, he would not proceed to any other 
business till that of the queens was first issued, nor would 
give the house any satisfaction, concerning the abuse of 
divers of the members by the said accusation, whereof he 
formerly acquainted some of the members of the assembly — 
hereupon they resolved as follows. 

Resolved N. C. D. that this house cannot agree to the 
governors proposals of raising money directly or indirectly 
for the expedition to Canada for the reasons formerly given. 

Resolved N. C. D. that this house do continue their reso- 
lution of raising £500 as a present for the queen, and do 
intend to prepare a bill for that purpose at their next meet- 
ing and not before, which they intend shall be on the 15*^ 
day of August next. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 147 

The house now adjourned to the time mention'd, but the 
governor convened them before, and told them, 

That the boldness of their enemies this summer in plun- 
dering Lewes, watering in the bay and sounding it as they 
past along was so remarkable, that it might justly give occa- 
sion to apprehend a nearer visit, therefore, if means could 
not be immediately found to oppose such an attempt with 
a sufficient force, yet several other things might be done if 
there was a fund to defray necessary charges upon an emer- 
gency, that might in some measure conduce to the greater 
security; but at present they were so unprovided, that there 
was not money to pay an express on any occasion. 

That the chiefs of several nations of Indians being now 
come in, there was an immediate necessity for a supply to 
make them a reasonable present. That the importance of 
keeping a good correspondence with those people upon the 
easy terms it had hitherto been done in this government 
required nothing to enforce it. 

That half of what they had allowed for this purpose had 
been expended on messages, and the other half at least, in 
provisions, so that nothing remained for a present. 

That there was no manner of provision for his (the gov- 
ernors) own support, assemblys having too often had an 
eye in this case upon the proprietary; but his late hard 
treatment from some he had too far trusted, had utterly 
disabled him, (were it in itself reasonable) to continue any 
such provision, therefore it was necessary for them immedi- 
ately to resolve to contribute what was proper in this point, 
otherwise they must expect a change that would prove more 
chargible. 

The assembly rephed that they were heartily sorry for 
the losses of their neighbours at Lewes, and if providence 
should permit the enemy to come nearer, the governor had 
been already acquainted, how far the generality of the 
people of the province could oppose such an attempt. 

That they were credibly informed the queen, out of her 



148 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

wonted care for the protection of her subjects in these parts 
as well as the trade of the bay and river, had orderd one 
of her men of war, called the Garland, lately arrived at 
Virginia to cruise between their capes and cape Hatteras, 
and provide a sloop to tend him, so that it might be expected 
the coast would soon be cleared of those pirates. 

That they admired that notwithstanding the great sums 
lately raised for support of government, they were left so 
unprovided as the governor had mention'd; that they could 
not however, without violating their trust, but earnestly 
request the governors assistance to call the late governor 
and secretary to account, and that they may not be suffered 
to depart the province before that was done, and satisfaction 
made for that money which should have been applied to the 
use of the public. 

That they had agreed that over & above the five hundred 
pounds lately voted for the queen, there should be raised 
the sum of three hundred pounds as a fund, to pay for all 
necessary expresses, and defray some other pubUc charges, 
whereof the present now made to the Indians would be a part. 

That they had also agreed to raise two hundred pounds 
to augment those perquisites that were properly applicable 
to the governors support, which they freely granted of 
their benevolence, expecting no other returns but his candid 
constructions of their proceedings and hearty concurrence 
in redressing the public grievances. 

That they once more recommended to his consideration 
those bills prepared by former assemblys, and agreed to by 
the present, about eleven, or twelve in number, viz: the 
bill for establishing courts, and regulating the exorbitant 
fees of officers, the bill for settling property, impowering 
religious societies &c. to buy and sell lands; a supplementary 
act for county levies &c. with the others long since laid 
before the late lieutenant governor, to all which they desire 
his concurrence or to know his objections. 

The governor in answer told them that he had been 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 149 

made sensible that a great part of the inhabitants of the 
province could not in any case bear arms, and therefore had 
not proposed it to them; and that what he now offerd was 
that by a necessary supply of money, many things might 
be done for security without engaging any man against his 
religious persuasion. 

That he was entirely ignorant what orders the commander 
of the Garland had received in relation to this place, but should 
be glad to be informd by any that know— if her station was 
certainly what they mentiond, a small expence from the gov- 
ernment might render her still more servicable to them. 

That he was willing to assist in anything that became his 
station, but knew not well how to understand what they 
said respecting colonel Evans, who affirmed he received only 
what was directly allowed by the assembly for his own sup- 
port, and thought himself not at all accountable for it, and 
that the secretary seemed to admire what induced the house 
to name him upon that occasion, there being none of it 
payable to him, but for his own services as an officer. 

That he found several bills that were sent up to the late 
Heutenant Governor but not agreed to, of which the prin- 
cipal was the bill of courts; that the proprietary was not 
at all against establishing courts by a law, yet that he was 
obUged by his instructions, not to agree to those points in 
the bill, which broke in, either upon his powers in govern- 
ment, or his just interest, why such a bill should interfere 
with these, he could not see, but would agree to a bill for 
the ease & security of the people in that respect properly 
regulated. He acknowledged the ascertaining of fees neces- 
sary and to do it effectually he thought a committee ought 
to be appointed. 

He recommended their reviewing the bills passed by 
former assembhes, and thankd them for the provision they 
had made for the Indians, which concluded the sessions. 

The assembly met again the next month, when the governor 
recapitulating the several matters before them unsettled, 



150 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

recommends them to square their proceedings conformable 
to the powers he had to oblige them, so that their labors 
might not be defeated. 

The assembly tenacious of their own methods respecting 
the bill for establishing courts, regulating fees, and other 
matters adhered to their former claim. 

The 28*^ of the month called August, the governor sent 
them another message on the subject, and adds the following 
paragraph. 

"But now, gentlemen, I must be so plain as to tell you, 
that tho' I have been very desirous to see all these matters 
brought to a ripeness, that they might actually be past into 
laws, yet, until I see the country as ready to discharge their 
duty in providing for my support in the administration, 
independent of any supply from the proprietary, who, as I 
told you before cannot now (were it even reasonable) spare 
any part of his estate here to that purpose, I shall account 
myself very unjust to the duty I owe myself, if I concur in 
any other public act in legislation (tho' truly inclinable to 
do all for the advantage of the public that can reasonably 
be expected from me) but a governor cannot lie under 
greater obligation to the people, than they do to him, nor 
can that be accounted a free gift from them, which is but 
their indispensible duty, for at this time there is no support 
for a governor in this government, but what must be granted 
by an act of assembly. You have told me that you had 
voted five hundred pounds to the queen, three hundred 
pounds for the service of the public, and two hundred 
pounds to me; and you have lately further informd me that 
when I had passed the other acts, the speaker would present 
a bill to me for raising that money. 'Tis possible when the 
others were passed the speaker might do so, but can it in 
reason be expected that while you shew so unprecedented, 
and unusual diffidence on your side, that you would not so 
much as let me see the bill but in private, nor allow that it 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 151 

should upon any terms, be communicated to the council, 
with whom I am to advise (tho' you cannot but be sensible, 
that should I design it, yet it is not in my power to pass a 
bill into a law, until the speaker has signed it) which is 
usually done at the time of passing it. Could it be expected, 
I say, that I should first pass all that you desired of me, and 
then depend upon your presenting that bill? or can it be 
thought reasonable, or for the security of the pubUc, that 
I should pass an act for raising and applying eight hundred 
pounds to several uses, besides those two hundred pounds 
said to be granted to me, without taking proper advice 
upon it of those whom the discharge of my duty as well as 
my inclination obliges me to consult in all pubhc matters; 
nor that I should have it in my power to object to, or alter 
any part of the whole bill after it is presented? No, Gentle- 
men, as I have no designs but what are plain and honest, 
so I must expect a suitable treatment; and therefore I now 
desire you faithfully to lay before the public whom you 
represent, and to whom you are returning, what I have here 
said to you; and upon this occasion assure them from me, 
that unless they take care to grant a requisite support, 
and in such a manner as is fit to be accepted, I shall not at 
all think myself concerned to attend the affairs of the public 
in legislation; and what measures the proprietary will find 
himself obliged to take at home, I have formerly sufficiently 
hinted to you; but as I shall not be wanting on my side to 
concur in anything that is reasonable, so I hope the next 
time I meet the representatives of the people, we shall have 
such confidence in each other, and they will so far consider 
their duty, and take such measures for effecting business that 
all things necessary may be concluded to our mutual satisfac- 
tion for the true advantage and benefit of the province." 

Here was a plain declaration of the whole matter— such a 
reserve unsettled, it signified little to deliberate on lesser 
points. 



CHAPTER XIV. 

The Disputes Between Gov Gookin, and the Assembly Continued. 

The 28*^ of September the assembly met again, and sent 
a message to the following effect, 

That having understood to their great dissatisfaction, that 
the proprietary instructions had so restricted the governor 
that he could not pass any bill without the advice or appro- 
bation of his council, who were under no obligation to attend, 
and therefore could easily retard business at their pleasure, 
and unless he would adhere to the directions of the royal 
charter, which gave him and the representatives the whole 
power of legislation, much could not be expected. 

That they could with great sincerity and satisfaction say 
they had used the utmost of their endeavors to provide for 
the support of government, as well as to settle the people 
in their just rights, regulate the courts, and ascertain the 
officers fees, as appeard by the several bills lying before the 
governor, viz: the bill for establishing courts of judicature 
in the province; an act for regulating and estabhshing fees; 
an act for confirming patents and grants; and to prevent 
lawsuits; an act for empowering religious societies. Towns 
&c, to buy, hold, and dispose of lands &c. an act of priveledge 
to a freeman, an act to oblige witnesses to give evidence, 
and to prevent false-swearing, an act to prevent the sale of 
ill-tanned leather; an act that no pubHc house or inn within 
this province be kept without licence; an act against menac- 
ing, assault, & battery; an act to prevent disputes which 
may hereafter arise about the dates of conveyances, and 
other instruments and writings; a supplementary act for 
the more effectual raising levies in the several counties in 
the province, and the city of Philadelphia and appropriating 
the same; an act for the priority of payment of debts to the 
inhabitants of this province; that tho' the said bills were 

152 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 153 

for the most part adapted to the governors mind, and 
cleared of what was most materially objected, and the supply- 
bill ready to be presented, yet none of them were like to 
pass without the concurrence of the council, as they were 
now given to understand. Had they known before that the 
governor was so restricted, they would not have given him, 
and themselves the trouble they had done; for that so long 
as the secretary had so great an ascendant in the council, 
and a rooted aversion to some of them, they could expect 
nothing but obstruction at that board, unless he was assured 
of an equivalent (as some called it) or that the application 
was first made to him ; for that it was too notorious that what 
had not his inception or allowance did not succeed there. 

This, and several other particulars, the house recapitulated 
as matters of grievance against the secretary, for the great 
sway he bore on the public affairs, who either conscious of 
his own innocence respecting an undue influence on the 
governor (for that he did influence him was generally 
believed) however, from long and faithful services to the 
proprietary, he was thoroughly fortified in both his and the 
governors confidence — he continued to vindicate himself and 
face the storm with great perseverance, and at length sur- 
vived it so as to finish his days (after a wise recess from 
public business for many years) in tranquility. 

David Lloyd was again chosen speaker of the assembly 
of 1709. Gookin among other things in his first message 
tells them as follows, 

"I would not willingly look back upon some of the pro- 
ceedings of the last house only, from thence I must give 
you a necessary caution, to dwell less than has been done 
on that general language of evil counsel or counsellors, 
generally used as an artful method to strike at the counselled ; 
but with me, I believe, without occasion; or that of grievances 
and oppressions, words, by Gods blessing, understood by 
few (I find in the province) who form them not in their 



154 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

own imaginations; for I assure you gentlemen, if we are 
not as happy as the circumstances of the place will admit, 
it lies much in your power to make us so, of which I hope 
you will consider and use your endeavors accordingly, with 
a full resolution to remove whatever may stand in the way. 
I have already said that I shall not look back to the pro- 
ceedings of the last house; but the secretary has found him- 
self so much aggrieved by their remonstrances, that he has 
presented for my perusal a long defence, in which I shall 
not think myself any farther concerned than to observe to 
you, that to my surprize he has charged the speaker of that 
house with some proceedings, which if true, will require 
your consideration, and some farther measures to be taken 
upon them; for w"^ reason, I have orderd him to lay a copy 
of them before you; and I must say, if that representation 
be well grounded, I cannot see that under this government, 
such a person can be accounted fit for that station; but at 
present I shall no further enquire into it, only recommend 
to you to proceed with diligence, in whatever is incumbent 
on you in your stations, as well in this as in all other matters, 
that may concern the wellfare of the public, and honor of 
this government as now established." 

To this the assembly replied as follows : 

" We have with all the application this short time could 
allow informd ourselves of the proceedings of the late 
assemblies, and find no just grounds for the governor to 
suppose that their complaints of evil counsel or councellors 
have been used to strike at him; but we believe it was their 
care, as we find it to be ours, that the governor may not 
be imposed on, or prevailed with to adhere to evil counsel, 
and render his actings inconsistent. 

" We suppose it needless to be more express than the late 
assemblies have been, to demonstrate what an enemy the 
Secretary has been to the welfare of this province, and how 
abusive he has been to the representatives of the people. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 155 

SO that we can do no less than repeat the request of former 
assemblies, to have him removed from the governors council; 
which we doubt not will be a most effectual means to im- 
prove a good understanding between thee and us. 

" If the governor will look back, and duly consider the 
complaints & remonstrances of the late assembHes, it will 
appear that grievances and oppressions are words w'^'* are 
formd upon just complaints, and for which the country 
wants redress; so that what the governor supposes on that 
head, is not candid towards the representatives of the people. 

" May it please the governor, whatever might be the oc- 
casion or design of the last clause in thy speech, we are of 
opinion, it was not well timed, for if the secretarys charge 
against our speaker had any weight, it should have been 
propounded as an objection against the assemblys choice 
of him for speaker — but after thou had declared thy appro- 
bation of their choice, that thou should be prevaild upon so far 
to patronize the secretary's insinuation against the speaker, 
as to make it a part of thy speech to us, before we had seen 
or heard the charge, we can do no less than resent it as an 
indignity offerd to this house; for tho' we are men that can- 
not be much meaner in the governors eye, than we are in 
our own esteem, yet we must put him in mind, that since 
the royal charter commits this part of the legislative author- 
ity to our care, we ought to have the regard due to our stations. 

" Signed by order of the house N. C. D. October 18. 1709. 

David Lloyd, speaker" 

The assembly elected in October 1710, chose Richard Hill, 
speaker. 

The governor told them he did not doubt but it was 
obvious to every ones understanding, why he could not 
agree with the last assembly, but as he took them to have 
different sentiments, they might promise themselves that 
his ready assent to all bills drawn up for the pubhc good, 
would not be wanting, and that as he had often expressed 



156 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

his resolution of selling among them he could have no aims 
contrary to the interest of the people; and recommending 
them to proceed with their bills cheerfully, not forgetting that 
for support of government, he concludes with cautioning them 
to avoid the expence of a long sitting, a practice that former 
assemblies by giving way to, had left a debt upon the coun- 
try, that they perhaps would not very willingly discharge. 

The assembly thankd him for his good assurances, and 
say they were pleased with the prospect of his settling 
among them, and thereby engaging in one common bottom 
with no other aims but the interest of the people. 

In the year 1711, Gookin having received an express 
from England relating to the expedition against Canada, 
summoned the assembly to meet him in the summer, and 
acquainted them that they would see by the queens mani- 
festo, the vast preparations made to go against Canada, and 
the great forwardness of their northern neighbors, to answer 
her majestys expectation from them. That he hoped they 
would not think themselves unconcerned, but cheerfully 
enable him to raise and support the quota of men assigned 
this province, or else that they would make an equivalent. 

The following were the queens instructions on this 
occasion. 

" Anne R. 

" Trusty, and well beloved, we greet you well, whereas we 
have sent our instructions to our governor of New York 
and New Jersey, and of the Massachusets bay, & New 
Hampshire, relating to an expedition we design to make 
against the common enemy the French, inhabiting North 
America. And whereas, we have directed our said governors, 
and Francis Nicholson Esq. to communicate to you, such 
part of our said instructions as relates to the province under 
your command: Our will and pleasure is, that you do in 
all things conform yourself to the said instructions. And 
we do hereby direct and command you to be aiding and 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 157 

assisting in carrying on the said expedition; and in order 
thereunto, that you do meet our said governors, and the 
said Francis Nicholson at such place, and at such time, as 
they shall for that purpose signify unto you; and that you 
put in execution such things as shall then be resolved to be 
acted & done on your part, in doing of which we expect you 
do use the utmost vigor and diligence, and for so doing this 
shall be your warrant : And so we bid you farewel : Given 
at our Court at S* James's the one and twentieth day of 
February 1710-11, in the ninth year of our reign. 
'* By her majesty's cormnand 

H. St. John." 
" To our trusty and well- 
beloved, the governor, 
or lieutenant governor, 
or commander in chief 
for the time being, of 
our province of Penn- 
sylvania in America." 

The assembly thought the province overrated in what 
was expected from it, espescially as they were at a constant 
charge to preserve the friendship of the Indians, they how- 
ever voted the sum of two thousand pounds to be raised 
upon the inhabitants of the province for the queens use.** 

1712. The October following, Rich*^ Hill was again elected 
speaker of the assembly; — in the winter governor Gookin told 
this assembly by message that the proprietary in his letters 
to him took occasion to shew his desire to serve the people of 
the province, and left it to themselves to think on the means 
that might best conduce to their own quiet and interest. 

That as to his own particular, he had been above three 
years engaged in the affairs of the province, and almost as 
long in it; that what he had received from the public ap- 

*" The governor passed the bill for that purpose the lO"" of the G"" mo 1711. 
The said money was raised by a tax of 5^ per pound, and 20s per head toll. 



158 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

peard by the acts of the last assembly, which was far short 
of what the proprietary gave him to expect from the people. 

The assembly promised to do something for him, which hav- 
ing brought to bear to mutual satisfaction, they adjourned. 

The assembly returned, at the next ^Election, chose Isaac 
Norris speaker and received the following message. 

" Gentlemen, 

" The proprietary in a late letter to a member of the council 
has signified his intentions of surrendering the government 
in a few months, and I have reason to believe I shall not be 
continued under the crown; therefore I have the less to 
propose to you, but if you can think how I can serve the 
public, during the little time I may be in the administration, 
I shall be very ready to do it. 

" What I have to offer is that for the credit of the province, 
you would take such measures, that the Two thousand 
pounds granted to the queen, may be punctually paid when 
demanded; and that the debts which the late assemblies 
have allowed may be honorably discharged, for which it is 
to be doubted there is no sufficient fund provided. 

" And among these, gentlemen, I hope the two hundred and 
fifty pounds part of the sum granted to me may not be 
made a postponed debt on the province. 

" That the debt, on account of Indian treaties, ought to be 
forthwith paid, I believe you will allow; as also the necessity 
of sending these strange Indians now in town away well 
satisfied. 

'' They have proposed in behalf of the five nations, to estab- 
lish a free and open trade between them and us for the future, 
which I believe will well deserve y"" encouragem*. 

" Gentlemen, as the first assembly I met had a regard to 
the charge of my coming over, so I hope you, gentlemen, who 
in all probability will be the last I shall meet, will have some 
consideration of the charge of my going back, since my great 
end in it, is to wipe off the calumny thrown on me for pass- 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 159 

ing some acts the people thought necessary, and otherwise, 
my endeavors to serve the proprietary and the pubHc. 

" Now after all I can hope for, and my administration over, 
I shall find myself a great loser by coming to Pennsylvania, 
but this is a melancholly subject at least to me, and I shall 
wave it, and only wish that every member of this assembly 
would make my cause his own, and then lay our Saviours 
great rule to mankind before him." 

The assembly replied that their circumstances required 
them to adjourn at present, but if he (the Gov"") would name 
the sum necessary for the Indians, they would give it con- 
sideration, and if they liked it, would pass a vote for a pres- 
ent supply. Whether that happend or not, does not appear. 

The next assembly chose Joseph Growden speaker. To 
them on the 15*^ of October 1713, Gookin by message set forth : 

That the government was not yet surrenderd to the crown, 
nor was it probable would be for many months; that he was 
still invested with the proprietary powers, & was ready to 
make use of them for the welfare of the people in all their 
reasonable expectations. 

That he first recommended to them as he did to the last 
assembly, that the two thousand pounds granted for the 
queens use, might be made ready payment when demanded ; 
that the complaints of those persons whose servants were 
on the expedition to Canada, might be answer'd. 

That he took this opportunity to give the country his 
thanks for the care taken for his support in the administra- 
tion by the last assembly. 

That there was no government in America, where the 
governor was not in some measure supported in his adminis- 
tration, he therefore hoped they would not make a president 
in him of the contrary. 

The assembly replied that the last house having (as was 
then presumed) effectually provided for the due collection 
and payment of the two thousand pounds granted to the 



160 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

queens use, they should be ready to do what further might 
appear necessary on their part, when they knew the defects 
which they desired might be laid before them at their next 
meeting, when as to the other matters recommended, they 
would also endeavor to provide adequate remedies, and then 
adjourned. 

The members returned at the next election in October 
1714, chose Gookin's old friend David Lloyd, speaker again — 
they had several sessions together but concluded on nothing 
material. The governor in the winter 1715, summoned them 
by the following writ. 

1715 

" Charles Gookin Esq. lieutenant governor of the province 

of Pennsylvania &c. 

'' To the sheriff &c. 

" Pennsylvania ss. 

" Whereas the assembly of this province, having in the 
month of March last divers matters of the greatest weight 
and importance before them, which required to be dis- 
patch'd for the public good, and safety of all his majesty's 
subjects in this government; they the said assembly not- 
withstanding thought fit without my consent or approbation 
to adjourn themselves to the latter end of their yearly 
session, by which means the expectations of all good people, 
who depended on a suitable provision to be then forthwith 
made to answer the several exigencies of the government, 
became entirely disappointed: the great inconveniences of 
which must still continue unremedied until another assembly 
be chosen, unless they are called together before the time 
of their said adjournment. These therefore are (by and 
with the advice of the council) to require and command 
you that you forthwith summon aU the representatives 
chosen in your county for the said assembly, that they meet 
me at Philadelphia the second day of May next to proceed 
to the dispatch of the said affairs, and such other matters 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 161 

as I may have occasion to lay before them, and without 
delay make return of this writ into the secretary's office. 

" Given under my hand and the lesser seal of the said 
province at Philadelphia the sixteenth day of April, Anno 
Domini 1715." 

Meeting according to this writ, the governor told them: 

That although their affairs would not allow them time 
when last together to dispatch the important business then 
before them, yet how consistent their breaking up and ad- 
journment to the end of the year, without his consent or 
knowledge was with their trust and duty, they had by this 
time he supposed, had occasion to consider. 

That by that adjournment it followed either that the 
great exigencies of governm* must remain unprovided for 
till another election, or that he must call them again by 
writ, and that hence he found it necessary in discharge of 
the trust reposed in him to give them this opportunity of 
retrieving what before they had otherwise put out of their 
power. 

That the administration of justice by all acknowledged 
the hfe of government, had to their reproach as well as great 
insecurity to his majestys subjects here lain for a long time 
dead, and a provision for his support, which they must be 
sensible was justly due to him, both called for a dispatch, 
which now they were more at leisure, he hoped would be 
given them. 

That the bills prepared for the first of these might be 
easily accomodated if they would prefer good order and 
regularity in their proceedings to novelty and untried ex- 
periments; that how unfit the methods proposed for the 
latter would be found, they could not on further reflection, 
but be sensible that he found it a general complaint of the 
merchants, that the liquor from which most of the tax must 
have risen would not after their voyages were made return 
11 



162 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

the first cost to the adventurers: he therefore hoped they 
would of themselves be convinced of the necessity there was 
to take more equal measures. 

That he had since his arrival here met with assembly's 
of very different tempers, w*^ some of which he had not been 
able to effect any business; such had been the unhappiness 
of the province in those years: But as they had expressed 
a hearty zeal for the good of the public, not without some 
respect to his affairs, he should depend on their care & 
resolution to dispatch what related to both. 

He concludes with putting them in mind that the best of 
peoples principles is their public actions, when not account- 
able by any law but that of their consciences and honor. 

The assembly in return observe, that their faithful en- 
deavors had not been wanting to promote the public good, 
according to their trust, as they thought might appear by the 
bills which they had presented before their last adjournment, 
tho' at a juncture when their own private affairs suffered by 
their absence — that therefore there was no just cause for 
the imputations which seemed to be cast upon them by the 
governors summons and two written messages, and as to 
their adjournment it was considerd and could not be denied 
but that they had done what they could in preparing matters 
for concurrence, which they are well assured would have 
proved effectual both to answer the exigencies of the province 
and support of the administration, if he had thought fit to 
have given his sanction, but contrary to the expectation of 
the house he had denied the passing of any one bill, unless 
some particular members of the house would actually become 
engaged for payment of a certain sum in lieu of what was 
proposed to be raised for his support: That this gave the 
assembly ground to suspect there might be some new attempt 
by persons disaffected to their proceedings to frustrate the 
same, as was suggested to be the fate of the last assembly 
by an expectation given the governor of otherwise supply- 
ing him with a sum of money on those conditions, which 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 163 

practices, wherever introduced, as they are inconsistent 
with an English constitution, could tend to nothing but a 
confusion and disorder. They therefore thought it better 
to adjourn to their own private business, and leave the gov- 
ernor to ponder things in his own mind, or further consult 
his council, or other friends to this government, as he might 
see occasion, well knowing it was in his power to call them 
again, whenever he should find himself disposed to act in 
conjunction with them, and pass the bills into laws, or such 
of them on which the security and protection of the people 
of the province so much depended. 

The governor replied that the council were unwilling to 
assist him in answering their message and gave him good 
reasons for it: that being now alone, he should not take it 
to pieces, but only observe that what they mention about 
his requiring security for the money they promised, was 
spoken jocularly and that so he told the messengers, and 
forbid them to deUver it as a message, yet they (the assembly) 
answer it as one, which he could not but say lookd with a 
very unkind air. That their mentioning a story of money 
offerd him the last year was of the same nature; it being very 
well known it was proposed only by one person, and that 
he w**" scorn rejected it. 

But to come to the matter he was very wilHng to agree 
with them in most of the bills proposed for his assent, but 
that of the impost seemd to be so unequally laid, that he 
could not clear his conscience of partiality, should he pass 
it as now drawn up; besides, should the merchants make 
no opposition to it, it would come very far short of the end 
they proposed. Therefore he earnestly desired them to 
take it into their further consideration. 

Next followed an address upon another occasion, wherein 
the assembly tell the governor, that the opening the courts 
of justice, might have been a means to put a stop to those 
tumults, which had frequently happend in the city since 
the beginning of the session, so that their meeting now 



164 HISTORY OF THE PROVINCE OP PENNSYLVANIA 

might have been to crown their labors with a general satis- 
faction. But to their great disappointment they under- 
stood by credible information, that some of those, who 
occasioned those tumults in order to annoy an opposite 
party, were now levelling their malignity against the magis- 
trates of the city & county and endeavoring to prevail with 
the governor to be of opinion, that there was no power to 
bring to tryal a person charged by indictment at the kings 
suit for committing fornication against the kings peace & 
the law of the province &c. 

That fornication and such like offences which in other 
places might be ecclesiastical connusance were by the laws 
of the province, made tryable in the quarter sessions; and 
as their laws were by the royal charter to be inviolably ob- 
served, so the governor and magistrates were bound in duty 
to cause the same to be put in execution; that therefore 
whosoever did or should assert or endeavor to incence or 
persuade the governor or any other, that the court of quarter- 
sessions as by law established, had no cognizance of the said 
offences, were and should be deemed enemies to the governor 
and government. 

The governor replied that he had immediately endeavred 
to quell the tumults and hoped with good effect; that the 
courts were now opened, the administration of justice 
restored, and if any should appear so audacious as to oppose 
the magistrates, they should not want his countenance and 
assistance to suppress the attempt: that he was sorry it 
should be surmised to the assembly by any, that those who 
shewed a mahgnity to the magistracy could have grounds 
to hope to prevail with him to favor them; on the contrary 
they should find (if there were any such) that he should 
exert all the authority with which he was invested to support 
the proprietary's powers of government, and the magistrates 
in the execution of the laws and full discharge of their duty. 
That the commissions not yet issued should be forthwith 
expedited. 



CHAPTER XV. 

The Assemblys Address to K: George the First on His Accession to 
THE Throne — Representation of the Assembly to Governor Gookin 
— His Last Message to the Assembly — Sir W" Keith Arrives and 
Takes upon Him the Government. 

The new assembly of October 1715, chose Joseph Growden 
their speaker. Queen Ann dying last year this assembly 
sent the following address to king George, on his accession 
to the throne. 

"To George King of Great Britain &c. 

"The humble address of the representatives of all the 

freemen of the province of Pennsylvania in assembly met, 

the first day of the Month called May 1716. 
" Gracious sovereign, 

" 'Tho by divers concurring causes & particularly the great 
indisposition of our proprietary and governor in chief of 
this province, we have been hitherto to our great trouble pre- 
vented the opportunity of expressing to the king our sincere 
joy for his happy and peaceable accession to the throne of 
his ancestors, and thereby securing to all his protestant sub- 
jects, the full enjoyment of their religious and civil rights; 
yet none could be more sensible of the great blessing nor ex- 
press a warmer zeal for his service in their earlier approaches 
than at all times since has filled our thankful breasts; and 
altho' we had not the desired advantage of expressing these 
our sentiments, yet we became the easier under that dis- 
appointment by accounting the majority of this province 
included in that general appUcation made by their friends 
at London, in behalf of the whole community, wherein our 
thoughts, with their own were most truly represented. 

" Such has been the kings goodness, not only expressed in 
his first generous royal declaration, and repeatedly since 
from the throne, but more powerfully exerted through a 

165 



166 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

most wise and steady administration in pursuing ev'ry 
measure that might contribute to the safety and happiness 
of his people ; in making the known laws the invariable rule 
of his government; in restoring the honor to the British 
nation abroad, & in procuring for his subjects such advan- 
tages in commerce, as could scarce be hoped for, after they 
had been so unhappily given away that even the remotest 
part of the kings great dominion feel the benign influences of 
his paternal affection to the whole, and are laid under double 
obligations to make the utmost returns of gratitude as well 
as obedience for their happiness, under his auspicious reign. 

'* It is therefore the more surprising that there should be 
any of the British race within that Island so lost to all sense 
of their own interest as well as their engaged duty to a prince 
of the most conspicuous and consummate virtues, as to ex- 
press the least uneasy murmurs much less to rise in an open, 
and unnatural rebellion ; for the suppression of which, by the 
great wisdom and vigilance of the king and his ministry, and 
faithfulness of his servants, we do with hearts full of the sincer- 
est gratitude and joy, return our most humble acknowledge- 
ments to the fountain of infinite goodness & mercy, that has so 
eminently appeared in the support of the royal throne, estab- 
lished on the lasting foundation of justice, to the confusion 
of all the detestable machinations vainly formed against it. 

"As for us, our known principles are so essentially inter- 
woven with the protestant interest of Great Britain and 
our greatest concerns do so entirely depend on the preserva- 
tion of thy person and royal issue long to reign over us, that 
we cannot possibly separate our own wellfare from the 
indispensable duty of shewing ourselves with the most 
hearty affection, thy loyal and most -obedient subjects. 

"That confusion and disappointment may attend all the 
wicked devices of thy enemies; that the minds of thy people 
may be composed, and universally inspired with the same 
spirit of love and obedience as that wherewith we now 
approach thy throne; and that the watchful providence of 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 167 

Almighty God may always attend the King and confirm 
the wisdom and justice of his rightful government over us, 
is the most sincere and unfeigned desire of the kings humble 
and dutiful subjects. 

" Signed by order of the house N. C. D. 

"Joseph Growdon Speaker." 

At the usual meeting of the new members returned in 
October 1716, Richard Hill was chosen speaker. In the 
next month this assembly made the following representation 
to the governor. [Here take in Votes 2^ vol: p. 200.] 

The following winter governor Gookin made his last 
message as follows. 

" Gentlemen, 

*' I am very glad of this opportunity of meeting the repre- 
sentatives of the people, that I may take my leave of them, 
for I am well assured that I shall soon be superceded; for 
the little time that I am to be with you I shall be ready to 
do the country all the service I can. 

" I must therefore once more recommend to your considera- 
tion, what I laid before the assembly of last year, and what 
I have mentiond sometimes to you. 

" You maybe now your own carvers, & you will not think 
me unreasonable in my expectations when I tell you, that 
as the first assembly I met with, had a regard to the charge 
of my coming over, so you, gentlemen, who are to be the 
last, will I hope in some measure provide for my going back 
to seek another employm*. 

" I intended to have said more to you on this subject, but 
the thought of what I left to serve M"" Penn in this pro\ance, 
the disappointment I have met with, and the uncertainty 
of being provided for at home, so fill my mind, that you will 
excuse me that I say no more." 

Sir William Keith arriving in a few months after, brought 
with him a commission to supercede Gookin. 



CHAPTER XVI. 

An Account of the Menonists, and Swenckfelders. 

1717. Some instances are given before of the Dutch or 
Germans coming very early to settle in Pennsylvania, after 
it was so named; those that then arrived were comparatively 
not many, and there did not any considerable numbers 
follow for several years, but of later times they have flocked 
in at almost an incredible rate, so that great quantities of 
the back lands in Pennsylvania and New Jersey are setled 
w**" them — they have as to the general, hitherto proved 
themselves an industrious, frugal and thriving people. 
Those who go under those names in this province, have 
among them many different professions of religion, perhaps 
of all sorts — there are several sects remarkable in some par- 
ticulars, especially for a great simplicity of manners; of 
these some account, will not perhaps be unacceptable, and 
first, 

Of the Menonists. 

The people believe that from the times of the apostles, 
there has ever existed a congregation, holding the same 
articles of faith with them, but that this congregation has 
been so oppressed by different persecutions, that not much 
of their writings have appeared in public, because they were 
looked upon by the church of Rome as heretics, some of 
their writings have however been found among the Romans, 
as appears from an ancient Roman writer, in the time of the 
Waldenses, about the year 1200, whose works were published 
by the Jesuits themselves, and wherein the author Remarius^ 
says — that they the Waldenses were the most antient sect 
because they had existed eversince the time of Sylvester, 
others say since the time of the Apostles. 

' See his works, Inglestadt edit : Chap VIII p : 54 
168 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 169 

About the year 1540 some members of this congregation 
were taken prisoners, by Turks in Moravia, and as slaves 
carried to Thessalonia, making an acquaintance w*** the 
Christians there they disclosed to them that they had 
bretheren in Moravia: The Thessalonians sending three of 
their Bretheren into Moravia, they arrived in a town called 
Nicholasburg, on the frontiers of Moravia; they took their 
lodging with a priest, and enquiring after the first mentiond 
bretheren, the priest took the three with him into a coach to 
Pansrom to the Hulterians, where they treated together in 
Latin, on the articles of their faith, but about three of them, 
they could not agree, which occasiond their parting sorrow- 
fully. After this, the priest brought them to a congregation 
of ASwitzers, who had been imprisoned for nine years in the 
castle of Passau in Bavaria; with these the three bretheren 
argued over the articles of their faith in the Latin tongue, 
John Peck arguing chiefly on behalf of the Switzers, when 
they came to understand one another, they agreed very 
well on all points, which occasioned joy on both sides, and 
they acknowledged one another for bretheren and as a pledge 
took what they called the Lords supper together. The three 
thereupon declared them to be of the true congregation, at 
the same time acquainting them, that those of Thessalonia 
had continued unchangable in their faith from the time of 
the Apostles to that day, and that they still kept in safe 
custody, the epistles which the apostle Paul had wrote to 
them. 

Thus we see they date from the church at Thessalonia, 
to which the apostle Paul wrote. They say, they have also 
an account that to this day, there are bretheren and christians 
at Thessalonia, who in all points of religion and consequently 
in the article of Baptism, agree with the Mennonists, and 
that likewise among the rest of Christians, many of their 
bretheren live dispersed here and there — in Ethiopia, Greece 
and other Eastern countries; — they say also, that the above 
three Thessalonians left behind them a confession of faith, 



170 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

which is still extant, containing sixteen articles, of these we 
will mention some here. P* of God, they confess one only 
God; Father, Son and Holy Ghost, 2*^ of Baptism, they 
confess a baptism into faith, and no infant baptism, 3*^ they 
confess a eucharist to be kept with common bread and wine 
in rememberance of the sufferings and death of Christ. 
4*'' of marriage, they profess a wedlock of two beUeving 
persons, and no exterior marriage ceremony by punishment 
of excommunications &c. 5**" of the taking of oaths, they 
confess that no christian may take an oath, or in his evi- 
dence go beyond yea and nay, though he has the truth for 
him, but must rather choose to die. Q^^ of bearing arms. 
No christian must in any wise withstand with arms, or 
take to the sword. 

They say this congregation has always from the begining 
insisted upon the confession above, with other articles, even 
from the time of the apostles, and that they could never 
be drove to part from them, but rather underwent death, 
which they add, hath been frequently their case as witness 
the ten severe persecutions 'till 310 years after Christ, that 
afterwards they were from time to time renewed till the 
year 1300, that in particular in the year 1210 was a terrible 
one, wherein great numbers were killed, principally in 
Europe, because they did not allow of infant baptism but 
would be baptized into their faith in their own mode. For 
refusing to take the oath and bear arms, and for adhering 
to other articles of their faith, for which they suffered such 
heavy persecutions that they were reduced to but a small 
number, 'till the time of the reformation, when from the 
year 1520 to 1530, they began to flourish again to the no 
small mortification of the Romish clergy, who gave them the 
name of Annabaptists and used their endeavors first by 
persuasion to draw them over, but they continuing inflex- 
ible, they at length raised a terrible persecution throughout 
all the E'mperors dominions, on which followed the punish- 
ments of banishing — imprisonments — fire — water — sword 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 171 

and gallows, but all their instrum*^ of torture were not able 
to conquer them; They remaining constantly confessing 
their tenets, and professing their willingness to suffer rather 
than part with them. That this persecution began in the 
year 1524 and continued about one hundred years, a few 
instances out of hundreds may here suffice. 

The 6*^ of December 1529, the congregation in Austria, 
surprized by a general accompanied by his executioners, 
the mob came upon them as they were gatherd to their 
worship at Hemborn, and taking men, women, children, 
women with child, and sick people to the number of 150, 
carried them to the castle of Falkenstein, where they re- 
mained prisoners above five weeks, and then ninety of them 
chained two and two together by the hands were carried 
to the galleys. That in 1529 the count Palatine in a short 
time executed near 350 of them by fire and sword in the 
country about Alsom, besides inflicting corporal punish- 
ment on abundance more, such as cutting off their fingers, 
burning them with a cross on their foreheads, and other 
butcheries. That in 17*^ Century this persecution ceased 
pretty much especially in the Netherlands, for the Uplanders, 
and particularly the Switzers continued to persecute up- 
wards of an hundred years longer namely from 1600 to 
1700 and near ten or fifteen years more, however they did 
not kill many, though that in September 1614 one of their 
teachers were beheaded at Inrich, and not long after one 
Haslebacker at Bern. That for a long time after this ser- 
geants were sent in quest of them, to take them to prison, 
where, obliged to suffer want and hunger, many of them were 
starved to death. That in 1670 sixteen of them were chained 
together, and sent to the galleys, and at the same time 
others were whipped and banished the country, branded 
with the mark of a bear (the arms of the canton) one of 
whom was grandfather to the person who gave the account 
that about the year 1710 a whole bargefull of these prisoners 
were carried down the Rhine to be transported beyond sea. 



172 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

But coming to Holland the government of that repubUc 
declared they would have no such prisoners in their country, 
and set them at liberty. 

That many of them gatherd themselves in divers German 
provinces as the palatinate, and thereabouts, where on con- 
dition of paying a great tribute, they obtained an exemption 
from taking oaths, from bearing arms and having their 
children baptized, and gained the liberty of upholding pubhc 
worship in their own way, but that for all this they met 
with many troubles in regard to the exercise of their con- 
sciences, being in time of war, obliged to lodge in their 
houses wicked crews of soldiers, this, and other grievances 
they groaned under, often wishing to be in some country 
where they could be entirely rid of these things. In time 
a way was opened for their removal to Pennsylvania, 
William Penn both in person and by letters published in 
Germany first gave them the knowledge that there was 
liberty of conscience in Pennsylvania, and that every one 
might live there without molestation; some of them about 
the year 1698, others in 1706, others in 1709, and others 
again in 1711 partly for conscience sake, and partly for tem- 
poral gain resolved to go thither, and upon their arrival found 
their expectations fully answered, enjojdng hberty of con- 
science according to their desire together with the benefits 
of a plentiful country; of this, they sent word to their friends 
in Germany, a great many of whom in the year 1717 came 
over hither. 

The Menonists are settled chiefly near Lancaster in Penn- 
sylvania, they are a sober industrious people, in general of 
good economy and good morals. The articles of faith 
respecting oaths and war I give in the words of one of them. 

Art: XIV. Since we think it most highly necessary to 
keep the commandments of Christ, we allow by no means 
of no manner of an oath; because Christ has forbid it, say- 
ing, I say unto you swear not at all, neither by heaven, for 
it is Gods throne; nor by the earth, for it is his footstool; 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 173 

neither by Jerusalem, for it is the city of the great king; 
neither shall thou swear by thy head, because thou canst 
not make one hair white or black; but let your communica- 
tion be yea yea; nay, nay; for whatsoever is more than 
these Cometh of evil. — This point we confess ought to be 
kept inviolably, and that the truth, and the things which 
are yea, must be attested by yea; and what is nay, by nay; 
and if any one is found false herein, he may very well be 
punished as a liar and perjuror. For this reason we also 
think and are entirely of opinion, that the evidence and yea 
and nay as well in all dealings and conversations as in all 
courts and states, both temporal and spiritual, ought to be 
well considerd, and not abused, for God hath in the begin- 
ing, in witness of the truth, made use of and estabhshed the 
word yea; and Christ has restored and reinforced it unto us, 
that yea should be yea; and this point is of such weight 
with us that in no wise we would exceed yea and nay on 
any evidence if even we were to sustain great loss by it in 
goods or in blood ; and we find that this has been observed 
by Christians from days of yore. 

Art: XV. Concerning war and vengeance, either by 
sword or any other weapon, we think it unlawful and that 
no arms are to be used neither against friends or foes in no 
wise, for Christ is gone before us like a lamb, without any 
vengeance, and he bids us follow him, When his disciples 
wanted to call for vengeance on their enemies, Jesus said unto 
them. Know ye not what manner of spirit ye are of. He like- 
wise said unto his disciples ye have heard that it hath been 
said, an eye for an eye and a tooth for a tooth, but I say unto 
you, that resist not evil, &c. — ye have heard that it hath been 
said, thou shall love thy neighbor, and hate thine enemy; 
but I say unto you love your enemies, &c. — and when Jesus 
was taken prisoner, Peter drew his sword, and struck a 
servant of the high priest, and smote off his ear; but Jesus 
said unto his disciple, put up again thy sword into his 
place; for all they that take the sword shall perish with the 



174 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

sword, and he healed the servants, as his enemy's ear. 
When he hung on the cross in great sufferings and agonies, 
he prayed for his enemies — father, forgive them for they 
know not what they do. Thus Christ not only commanded 
his disciples not to resist the evil, but also himself as a 
lamb, quite armless and harmless is gone before us, and is 
still calling upon us to follow him as unarmed sheep and 
lambs. This likewise the apostles have taught, and shewn 
to in their lives and conversations: and the same way we 
profess to this day, namely not to avenge ourselves on any- 
body neither for good nor blood; but rather with Christ to 
suffer revenge on good and blood. Here much moje may 
be added, if it was not to avoid being too tedious. 

Op the Swenckfelders. 

Those who bear the name of Swenckfelders in Pennsyl- 
vania are called so from one Caspar Schwenckfeld of Ossing, 
who at the time of the reformation in the 16*^ Century was 
a teacher of note. Hq was born in Silesia, and of a noble 
birth. "" The sect he gatherd was from the begining tolerated 
under several of the Roman emperors, in their archdukedom 
of Silesia, especially in the principalities of Tauer and Lignitz 
for about two hundred years successively, tho' not without 
envy of the Romish clergy in several other places who insti- 
gated some of the inferior magistrates and occasiond them 
to afflict them with many troubles, which in and about the 
years 1590 & 1650, amounted to what they thought a severe 
persecution: — after that they enjoyd peace 'till the reign 
of the late emperor Charles VI: At the end of the year 
1719, a missionary out of the college of the Jesuits was sent 
to them in order to persuade and convert them to the Roman 
Catholic religion, who continued to use his endeavors to 
gain them for about six years, during which time they were 
soliciting the E'mperor for a further toleration, but tho' 
their petitions were always favorably accepted by the 

^ Vid: Godfried Arnolds Hist, of the Church. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 175 

emperor in person, the clergy and their instruments pHed 
him with so many objections that it could never be ob- 
tained in his country, wherefore the most of them after fre- 
quent citations appearing before the regency, arrests and 
imprisonments, heavy fines and penalties, threats and 
menaces, taking away their children to catechize and in- 
struct them in the Roman catholic doctrine, constituting 
Roman catholic executors for the widows, and guardians 
for orphans, and many other hard proceedings found them- 
selves obliged to leave their real estates and habitations 
behind & make an emigration to some other country, and 
obtaining a place of shelter in upper Lusatia in Saxony, 
under the senate of Gorlitz, as also under count Zinzendorff 
they enjoyd the same contrary to their expectation for the 
space of eight years, after which their toleration being with- 
drawn a certain time was appointed for them to depart; 
they enquiring to find a place of safety under some of the 
Protestant Princes and counts of Germany, either would 
not obtain it or dared not venture their protection, imagin- 
ing that the same would be of no duration, and besides were 
in fear concerning the military exercise, and having luckily 
gained intelligence some time before of the province of 
Pennsylvania, and of the fame of its liberties and priveledges, 
they thought this a fit time to try the success of an enter- 
prize thither, and accordingly having the advice and assist- 
ance of some good friends in Holland, they resolved upon 
the attempt. Some of them came over in the year 1733 but 
the greatest number in 1734 and some families afterwards, 
here they found what they wanted, full liberty of conscience 
and many other desirable things not to be had where they 
came from. 
They hold and profess with regard to the article of swearing : 
That whereas the son of God in his humiliation by his 
sufferings, death and bloodshed has fulfilled the law and 
erected a new covenant; and amongst other instructions 
which are described by his holy evangelists especially 



176 HISTORY OF THE PKOVINCE OF PENNSYLVANIA 

Matthew, Cap: V. VI. VII. has given a doctrine to his 
disciples, and together w*** them to all his followers and 
partakers of the new covenant, how to behave himself in 
the new covenant, and he there Cap: V. v. 34. commands 
them to swear not at all, tho' it had been ordained to swear in 
the time of the old covenant, only they should not forswear 
themselves and should perform their oaths. Wherefore do 
we hold that in the new covenant in consequence of the 
doctrine of Christ a faithful christian shall not only not 
swear at all, but also that he shall have a firm will never to 
speak any untruth ; and what is demanded of him to promise, 
shall do it with deliberation, lest he should promise what he 
is neither able, nor willing to perform, unto which doctrine 
of Christ the apostle St James Cap. V v. 12 also gives a 
consistent doctrine and exhortation. 

Of the article of bearing arms : 

Hereof do we also hold & confess, even in consequence 
of the foregoing, after that Christ hath fulfilled the law, 
and erected a new covenant and his kingdom and he in his 
doctrine, Matthew V. v. 38, 39, commanded his disciples 
and faitful followers and subjects of his kingdom, that they 
shall not resist evil, wherefore we do hold, that the bearing 
and use of arms does not appertain to the new covenant 
and the kingdom of Christ forasmuch also S* Paul : Rom : 
XII. V. 18, 21, giveth a consistent Doctrine and information. 
According to that an obedient disciple of Christ finds him- 
self entirely obliged by virtue of such doctrine and command, 
as also according to his inward feehng, not at all to make use 
of any such armours; nor in any forcing manner suffer 
himself thereto to be employd, yet with this, we would not 
be understood, as if we would reject or abrogate the laudable 
state and office of the magistrate and the due obedience 
thereof. For we do believe and confess with S* Paul, that 
the same is ordained of God and that every soul shall be 
subject thereunto Rom. XIII v: 1. 7 Tit: III. v: 1. Item, 
as S* Peter writes, submit yourselves to every ordinance 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 177 

of man for the Lords sake &c. I Pet: I. v 13, 14. But only 
in things not striving against God and his commandm*' 
after Acts: IV. v. 19. Cap: V. v. 29. which we also do 
hold of the use of arms, and desire to be understood after 
the same manner. 

The carrying on the wars that were ordaind of God in 
the old Covenant by Joshua and the children of Israel do 
we take for a figure of the spiritual wars and victories over 
the enemies of the Lords people in the new covenant; as 
also the remains of the seven nations in the land of Canaan, 
with whom God did exercise and prove his people, we 
look on a figure of the remaining sins in the flesh of the 
believers and partakers of the covenant in the kingdom 
of Christ, Rom: VII. v. 18. & sequ: as with whom they 
have to fight and whereon they will be exercised.* as also 
S* Paul Ephes: 6, describes such spiritual wrestling very 
distinctly and emphatically together with the arms to 
be used thereby. 

These People are charged in the 20*'' E'dict : of Chamber- 
lain's present state of England, with the neglect of the use 
of the word, meaning the scriptures, and also the use of those 
called the sacraments — the first charge they deny as utterly 
untrue, as to the second they say their forbearance therein 
hath not, nor doth happen out of contempt but merely out 
of consciencious motives to the contrary. They are also 
charged with undertaking to determine the precise year in 
which the day of judgment should happen, but this they deny 
as neither believed nor asserted either by their ancestors or 
them. Their founder Schwenckfeldius is likewise charged 
with sundry things which they say will appear not true to 
any one that will be at the pains to search the Theological 
works left by him. 

The following is a translation of the king of Prussia's 
edict to recall these people into his dominions. 

' Vide Originem in Homil: 12 et 15 super Josuam. 
12 



178 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

Edict. 

Concerning the reestablishment and collocation of the so 
called Schwenkfeldians in Silesia and other provinces of 
his royal majesty: 

De dato Seelowitz the 8*^ day of March 1742: 

We Frederick by the grace of God, king of Prussia, 
Marck-grave of Brandenburg, archchamberlain and elector 
of the holy Roman empire &c. &c. &c. 

Be it known to all to whom these presents may come: 
whereas we do hold nothing to be more contrary to nature, 
reason and the principles of the Christian religion, than the 
forcing of the subjects consciences, and to persecute them 
about any or other dissenting doctrines which do not con- 
cern the fundamental principles of the Christian religion: 
so we have most graciously resolved, the so called Swenck- 
feldians who were exiled out of an imprudent zeal of religion 
to the irreparable damage of the commerce and country, 
again to recall them into our sovereign dutchy of Nether: 
Silesia. We have therefore thought fit to assure all those 
by these presents, who confess themselves to the said doc- 
trine, upon our royal word, that they shall and may safely 
return not only into our sovereign Dutchy of Nether- 
Silesia, but also into all our provinces, peaceable to live 
and trade there: since we not only do receive them into 
our special protection but also will give them all necessary 
supply for the promotion of their Commerce; and to all 
them, who several years ago, were deprived of their habita- 
tions and effects in our country of Silesia, in case they are 
not paid for by the new possessors, shall be restored without 
any reward. Such as will settle in our villages shall Farms 
have assigned them, and care be taken to meet with good 
employment, and them that will fix their abode in towns, 
shall besides several ordinary free years have places assigned 
them gratis to the building of their houses, for which pur- 
pose they only need to apply to our military and domainen 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 179 

chambers. We do therefore command our superior colleges 
of justice and finance, as also all mediate primes, lords, 
magistrates &c., carefully to observe the same. In witness 
whereof, we have signed this present edict with our hand 
and caused our royal seal to be affixed. 
Done at Seelowitz Fredeeick of Coney 

March 8^^ 1742 Count of Munchan 

This edict is a strong testimony of the usefulness of the 
Schwenckfeldians as subjects, those of them in Pennsyl- 
vania, inhabit about.* 

They are an industrious frugal people of exemplary 
morals and of a general good character. 

* A space left here. Ed. 



CHAPTER XVII. 

Op the Dunkards or Dumplebs. And of the Moravians. 

Of the German Baptists Commonly Known by the Name of Dunkards 

or dumplers. 

Some of these people came over to Pennsylvania in the 
year 1719, others in 1729, and others afterward, they hold 
it not becoming a follower of Jesus Christ to bear arms or 
fight since their true Master has forbid his disciples to 
resist evil and because he has also told them not to swear 
at all, they will by no means take an oath, but stick in this 
respect close to his advice to affirm with yea what is yea, 
and by nay what is nay. As to their origin they will allow 
of no other than that which was made by Jesus himself, 
when he was baptized of John in Jordan. They have a 
great esteem for the New Testament valuing it higher than 
all other books, and if they are asked about the articles of 
their faith, they know of no other than what is contained 
in this book, and therefore can give none. They declare that 
the most ancient among them have been awaken'd here and 
there in Europe from their profound sleep of sin, by the 
voice of God in and about the year 1705, that being a time 
of many awakenings in that part of the world, that being 
then quickend by the light of Christ to a sense of their 
degenerate evil condition, they began to see a reformation 
necessary, many of them being taught by the Calvinists 
from their youth out of the Heydelberg confession, had 
given them high notions of the purity that ought to be in 
those who were converted to God, with the sense of their 
own evil condition, and considerations in consequence of it 
they began to see that the ministers themselves were not yet 
converted, and tho' they were freely admitted to the com- 
munion table, they say they observed them to be a covetous 
people, and often worse. For these reasons, they determined 

180 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 181 

to depart from under their tuition, and daily searching the 
holy scriptures, after the practices of the first and best 
Christians, they became in time to have a particular gift 
of prayer, after they could no longer say the prayers which 
before they had learnd by heart, they went in the Fields 
and prayed by themselves and when they met together 
bowed their knees in fellowship, praying and prophesying as 
they thought the spirit gave them utterance. 

After some time the Clergy began to oppose them, but 
to little effect, and at length growing inveterate, excited the 
Magistrates to persecute them, which occasioned their 
being banished from many places of their former abode, 
and made them choose an Assylum in a few places where 
they had liberty of meeting without being disturbed, to wit 
Schwarzenau in the county of Witgensteen and Creyfeld in 
the dutchy of Cleves belonging to the king of Prussia, 
in which two places, they gathered themselves together 
from many parts, namely Switzerland, Strasbourg, out of 
the Palatinate, from Silesia, the dutchy of Wertemberg, 
Saxony, from Hall, Harburg and many other places 
besides. Some indeed were allowed for a while to keep un- 
disturbed meetings at the Ronneburg and Old Castle in 
the county of Buddingen and at Marienborn in the county 
of Usenburg where they had taken refuge, but at last 
were also at different times persecuted there, and obhged 
to flee from thence and join their bretheren, some at 
Schwarzenau, others at Creyfeld. 

Having chose the new testament for their rule or Canon, 
eight persons among them met to endeavor to agree upon 
and estabUsh the right use of exteriors in religion at Schwar- 
zenau aforesaid, and agreed that in conformity to the ex- 
ample of their true master, they should amongst other 
things establish baptism by way of immersion or plunging 
in water as that was the meaning in the original Greek in 
the place, which does not signify to sprinkle or pour water 
upon any one but to dip or immerse him into the water, as 



182 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

also most agreeable to the comparison the apostle Paul 
makes Rom: v. 7. where he calls baptism a burying; in 
consequence of this conclusion, in the year 1708 they were 
baptized into the water, that to these eight persons a number 
was soon added here, & there, and wherever they went, 
they were calld baptists. The learned sometimes endeavored 
to controvert this point with them, but were, they say, 
obhged to acknowledge that the first Christians had been 
baptized in this manner, but alledged the climate, as being 
in warm eastern countries, and that in the cold northern 
parts of the world, it was not advisable because it might 
impair peoples health, to which they rephed that Christ 
had ordered his gospel to be preached not only in warm but 
also in cold climates without any exception at all, that it 
is no where found that in cold countries he would have 
people only to be sprinkled. 

That the scripture says, all things are possible to him that 
believes, if therefore people believe their being dipped in cold 
water upon such faith would not hurt them, that in this belief 
they had been powerfully strengthened, and that many occa- 
sions had afforded them so many instances of Gods power in 
preserving those who in simplicity of heart keep to his com- 
mand, that in the midst of winter they have sometimes 
cleared the water by cutting off the thick Ice, and baptized 
without any hurt — nay, women that were brought up so 
delicate that they could not bear to wet their feet, without 
being made sick by it, when through faith in the Lord Jesus, 
they had sufferd themselves to be quite immersed into the 
water it has not only not hurt them, but been a means for 
their recovery from bad states of health, of which they 
give the following as an instance. There lived on the banks 
of the Rhine an ancient matron, who had been sick for a 
considerable time, in such a manner that all hopes for her 
recovery and life were vanished, as well with herself as those 
who attended her. This woman desired to be baptized, 
but her friends endeavored to dissuade the baptist from it, 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 183 

telling him that she would doubtless die in the water, 
whereupon the baptist asked her whether she had faith, 
that this might yet be done to her. She replied, Yea I have, 
and was I to die in the water, I will he baptized, upon this, 
two healthy persons took her between them, and carried 
her to the large river Rhine, the baptist immersed her into 
the water in the name of the Father, of the Son, and of the 
Holy Ghost, and she was whole, from that very same hour 
and no need of any bodys leading her, but went before them 
all, and coming home, served them. 

Thus much for baptism. They hold what they call the 
eucharist, in commemoration of the sufferings of Christ at 
night, as they say, Christ himself kept it, washing at the 
same time one anothers feet, agreeable to his example, and 
command. They meet together to worship on the first 
day of the week, in confidence of his promise, who said 
where two or three are gathered together in my name, there am 
I in the midst of them. 

They have from time to time sufferd a great deal in 
Europe, not only been banished from their native country, 
but often, and in many places fettered and imprisoned — 
they have been put to the wheelbarrows, and as prisoners 
made to work at the Fortifications. One of them was 
pilloried in the city of Bazil in Switzerland; another was 
made a galley slave and obliged to row with an iron about 
his neck like the convicts with whom he work'd. Six of them 
were imprisoned at and near Dusseldorp in the lower palati- 
nate for four years together, and obliged to work at the for- 
tifications for a long time. They were sometimes visited 
by the clergy who endeavored to draw them from their 
confessions, and make them return to their religion, which 
they had forsaken, but their labor was in vain; they were 
then condemned as stubborn and incorrigible, and threatned 
with death, which being told them in prison, one of them 
for himself and the rest, wrote the following farewel letter 
to their bretheren. 



184 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

" In Jesus our sole and eternal arch-shepherd, high priest 
and king, who sits at the right hand of the majesty of God, 
and intercedes for us, highly blessed and praised forever and 
ever, Hallelujah. 

" Dearly beloved bretheren and sisters: 

" I and my dear bretheren, who are my fellow prisoners 
in the lord, salute you all very heartily, and all those that 
are co-partners in our small share of afflictions; praying and 
wishing before God, that by his spirit you may likewise be 
made partakers of the joys which out of the fullness of the 
grace of Jesus are imparted to us. It is impossible for me 
to describe with this pen the great love of God our father in 
our crucified & risen Jesus, which by his holy spirit he is 
pouring out into our hearts, which makes us praise the 
cross of Christ with thanksgivings, and call it our delight 
and joy; and the love of Jesus obliges us the more through 
faith in him to approve ourselves as the servants of God in 
much patience in afflictions, in necessities, in distresses, in 
stripes, in imprisonments, in tumults, in labors, in watchings, 
in fastings, by pureness, by knowledge, by long sufferings, 
by kindness, by the Holy Ghost, by the armor of righteous- 
ness, on the right hand and on the left, by honor and dis- 
honor, by evil report and good report: as deceivers and 
yet true, as unknown and yet wellknown, as dying and be- 
hold, we live, as chastened and not killed, as sorrowful yet 
always rejoicing, as poor yet making many rich, as having 
nothing, and yet possessing all things. For we experience 
daily that it is not sufficient only to know, to speak or to 
write much of the ways of God, but that we must also learn 
to know Jesus in spirit and in truth, and the power of his 
sufferings. I wish nothing more than to be transformed into 
the image of the son of God in his sufferings, and to be 
planted with him in that likeness of his death, for which I, 
and my dear bretheren and fellow prisoners are daily pre- 
paring, and account ourselves as sheep for the slaughter, 
expecting soon to be counted worthy to be made a sacrifise 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 185 

of; and though indeed we are anxious about this matter, 
yet our hearts are often in the midst of our anxiety filled 
with joy and comfort, so that we might flow in tears; and 
perceive frequently a desire after this crown of martyrdom; 
we wdsh to depart & to be with the lord Jesus, I look upon 
such a death, no otherwise than life, a door through which 
we pass into eternal Joy, going out of all sufferings into 
everlasting glory, but this is our grand concern, dear breth- 
eren, that we may not only endure faithful until death ; but 
also, being sensible our depravity and the impurity both of 
body and spirit, which in a great measure we carry yet 
within us, that before our departure hence, we might be 
well cleansed and washed in the blood of the lamb. Ah! 
do not cease to pray for us, that jve may be well purged and 
purified of the corruption and poison of all sin, that is so 
deeply rooted within us; by all reports it will not be long 
before some of us must have finished their course. ! help 
us therefore with conjoint forces — struggle and fight for the 
precious truth of the gospel of Christ, that by no means 
any one of us may depart from it, but that we soon, yea, 
very soon obtain the end of our belief, to wit, the salvation 
of our souls, when men are endeavoring to embitter death 
unto me, by telHng me how severely they will deal with us, 
then, at one time, the inexpressible joy and glory that is 
to follow, upon a moments suffering represents itself to me. 
Another time, when they try to frighten me with the terrors 
of Death, I consider what an exceeding great loss I should 
sustain, if I was to fear those that can only kill the body; 
and that I must expect such a woe, w^hich would make me 
wish not to be born; because if in anything I was to give 
way, I should not only sin against my own soul, but many 
souls would be offended by it; these considerations urge me 
more and more to the performance of my promises in the 
covenant of baptism, namely, to remain faithful in the 
salutary doctrine until death; another thing which moves 
me patiently to endure all sufferings, (tho' far from wishing 



186 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

it to be the case) is when I consider what those who now 
afflict and oppress us will have to undergo in the lake burn- 
ing with fire and brimstone, in case they do not repent: 
for they will never be able to find out such terrible torments 
to inflict on us, as will be prepared for them by the dreadful 
wrath of God; but my fervent prayers, my dear bretheren, 
are not only for you, and all Sion that the Lord may build 
her; but I am likewise pressed to pray with my tears for 
mine enemies, because it is in blindness and ignorance that 
they persecute and afflict us, and although their intentions 
are bad, yet they must be instruments to work out and 
effect our salvation, wherefore we ought not to hate, but 
with all our hearts have compassion with, and love them, 
interceding continually for them with God, that he may not 
lay this sin to their charge to eternity, but grant them 
repentance here. 

Now dear 5retheren and fellow warriors, in the Lord, be 
strong in the Lord, and in the power of his strength, put on 
the helmet of God, and fight with the invincible armor of 
Jesus Christ for his doctrine and the precious faith, which 
we have obtained with you in that righteousness which our 
God gives and our saviour Jesus Christ, and do not turn 
from that which Jesus has commanded you, neither to the 
right, nor to the left, which is also our firm resolution for the 
love of God has tied our hearts with such ties, which death 
itself will not be able to dissolve. Nevertheless I frequently 
feel my poverty, and that I am nothing and can do nothing, 
and in my weakness I am often as one that is dead and not 
able to move or stir, but then also the help and power of God 
is near at hand. 0! how wonderful, just, true and holy, yea 
how glorious are his ways ! I am often astonished at the great 
mercy, faith, fullness and love which he shews to me and the 
bretheren, my fellow prisoners here in our confinement, since 
the good which he bestows upon our souls is not by the per- 
suasion or intercession of them, but by his mere grace, there- 
fore, dear copartners in our slight imprisonment and affiic- 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 187 

tions, praise and thank ye also with us, the father of all mer- 
cies and Jesus Christ who has abundantly comforted us here 
with the living comfort of his spirit and still continues to 
let his love flow into our hearts like a living spring, to the 
end that thanks may be rendered unto our God by many 
souls through Jesus Christ, Amen. 

" Dear bretheren and sisters in the Lord, if our beloved 
heavenly father has likewise ordered, and decreed it so, in 
his eternal council as our magistrates think to deal with us, 
and as the case seems to go on in court, we shall hardly see 
one anothers faces any more here in this world, nor perhaps 
write any further to one another: wherefore I and the 
bretheren, my fellow prisoners will take our leave of you, 
commending you to the God of peace, who has brought 
again from the dead, that great shepherd of the sheep, our 
Lord Jesus Christ thro' the blood of the everlasting cove- 
nant. He will also raise us up in the resurrection of the just, 
when we shall meet again, and see one another in everlasting 
and unspeakable joy and glory, and where we shall stand 
before the throne of God and the Lamb, with all those that 
are come out of great tribulations, where God will dwell 
among and rule over us, and where he will wipe off all tears 
from our eyes. Amen! We recommend you to the grace of 
God, I and the bretheren, my fellow prisoners, greet and kiss 
you many times in the spirit — salute ye also all friends, and 
such as are copartners in our imprisonment and afflictions. 

" Your fellow warrior in our Lord Jesus Christ, until death 

"John Hoback" 
*' Dusseldorp, at the new fortifi- 
cation works May 1, 1717" 

Instead of being executed, they were afterwards sentenced 
to the ^Yheelba^rows and hard labor at the fortifications, 
and for this purpose sent to Juliers, where as convicts they 
were obliged to work 'till the year 1721, when they obtained 
their liberty. 



188 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

During the confinement of those just mentioned, many 
went over to Pennsylvania, those who staid behind in Ger- 
many are said to have been many times badly treated, 
robbed and imprisoned. Once sixteen of them at a religious 
meeting at a brothers house near the castle of Hartenbury, 
on the mountain Rutemburg, surrounded by a serjeant and 
his men, were bound two and two together, and so carried 
to Hartenbury castle, where a large sum of money was 
demanded of them, and not having so much about them, 
they were obliged to deliver what they had; the brother at 
whose house they were, was drove from house and home, 
and went afterwards to Schwarzenau, soon after this some of 
them were put in prison at Dusseldorp, through the cunning 
of a treacherous clergyman called Ruebel who pretending 
he should be glad of a friendly interview with those people, 
persuaded a simple man to bring them in good confidence 
to him, but as they were come there, the priest sent for a 
clerk, who took down what upon examination by the clergy- 
man they declared about the baptism of infants, going to 
church, taking of oaths &c, and when everything was set 
down he said now, you Heretics, get you gone out of the country, 
as fast as you can, or you will be told of something else. They 
left him, but the same night were taken, and by his contriv- 
ance as they thought, confined for seven weeks, till the 
Father confessor of the old elector, a discreet catholic, 
heard in what an unfair manner they had been trapanned, 
spoke with the elector about the affair, who sent orders to 
release them. This imprisonment was in the year 1703, 
during those persecutions the king of Prussia had granted 
a general liberty of conscience, but his press-gangs or soldiers 
on recruiting parties, vexed them sorely several times. 
One John Fisher from Hall, who had been baptized, they 
would force against his conscience to list in the kings service, 
and tormented him terribly for ten days together, different 
ways, because he would not comply with their wills, they 
tied his hands and feet together and by them hung him up, 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 189 

thrusting and beating him with sticks and pricking his body 
with pins to such a degree that his shirt became stiff with 
blood, and when he was quite faint and could stand no 
longer on his legs, they put him near a deep water and he 
tumbling into it, they pulled him out again by his legs, but 
at last when they had tired themselves with tormenting of 
him, and he still refusing to swear to the colours and take 
arms, they threw him into a hole, where the prince of Dessan 
happening himself to come by, and seeing him in such a sad 
condition told them to let him go, for he had suffered his 
torment. 

Those of the Dumplers who had made Schwarzenau in the 
county of Witganstein (a very poor country, where people 
are put hard to it for a livelihood) their place of refuge, 
went from thence to Friesland, where some of them died, 
and the rest, some after five, others after nine years abode 
there, did almost all of them come over to Pennsylvania 
the latter in the year 1729, but those who had fixed their 
residence at Creyfeld for the most part came over in the 
year 1719, the few that were left came to Pennsylvania in 
1733. When at first these people were banished from their 
homes and relations, and obliged to emigrate, some to one 
place, others to another, the goods and effects of some were 
taken from them, but to others part were left which after- 
wards served them to live upon, and when it was consumed, 
some of them commemorate that in great poverty they fre- 
quently experienced the special providence of God, but 
since they could never gain strength enough in Europe to 
eat their own bread, although in Holland good friends were 
moved to assist them and actually did shew them great 
love, they were continually longing for a place, where by the 
blessing of God, they might be able to maintain themselves 
by the labor of their hands, and to pass the rest of their 
time in perfect liberty of conscience, which nowhere in 
Europe they could enjoy together. In their native country 
they had not full liberty of conscience, nor in Holland, 



190 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

besides there, many could not maintain themselves but were 
helped by others, which made them all come over by degrees, 
except some few, who are still at Creyfeld in Friesland. 

Since they have been here they have considerably increased 
in numbers and wealth, and have enjoyd a complete liberty 
of conscience, and been able both to maintain themselves 
and their own poor. They are a quiet inoffensive people, 
they dress with a three square or round white cloth or linen 
cap on the head, something in the form of a bonnet, and a 
loose garment of the same colour hanging over them — they 
wear their beards, have a solemn steady pace when they 
walk and keep strait forward with their eyes fixed on the 
ground and turn not to give an answer. They are mostly 
settled at and near a town called by them Ephratah, within 
about fifteen miles of Lancaster, their burying place they 
call the valley of Achor, at Ephratah they live on a common 
stock composed of the fruits of all their labor, and the gifts 
of any that join them, they eat no meat, drink no wine, nor 
use tobacco, nor sleep on beds as others do, the single men 
and women live in different apartments, and those belonging 
to each apartment meet every two hours night and day to 
join in prayers. 

Of the Fratrum Unitatis, or United Bretheren, commonly 
CALLED Moravians: 

Their first emigration from Moravia was with a view of 
going to Pennsylvania for the sake of an uninterrupted 
enjoyment of civil and religious priveledges, but having 
found a place of retreat in upper Lusatia, in a way they 
thought conducive to the benefit of their souls. It happened 
some time after, that is, in the year 1733, that the colony 
of Georgia became the subject of discourse in Holland, this 
induced the ordinary of the bretheren, count Zinzendorff 
to enter into a correspondence with the then English resi- 
dent at Copenhagen upon that head: The result was, that 
the bretheren concluded to send some companies of their 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 191 

people thither, accordingly, they made agreement with the 
trustees, amongst other things to be exempted from taking 
an oath, and bearing arms, but afterwards perceiving that 
this gave some umbrage to persons from whom they did not 
expect it, they resolved to pursue their former intentions, 
and go into Pennsylvania which they accordingly did in 
the years 1739 & 1740, and applying themselves to hus- 
bandry they have since made considerable settlements in 
Pennsylvania, especially in the forks of Delaware, at places 
by them named Bethlehem, Nazareth, Guadenthal, Frieden- 
shal and elsewhere. They have from time to time received 
new succours from Europe, and are not increased to a con- 
siderable number. 

They have besides for the benefit of Indians under their 
tuition, taken up a piece of land behind the blue mountains 
on the Mahony, and there built an Indian town called 
Guadenhutten. They have also made improvements both 
in New York governm* and New Jersey, and the latter end 
of the year 1753, they began a settlement on the river Dan 
which emties itself into Roanoke in North Carolina. 

They date their religion from the first establishment of 
true religion in the world, in general terms: They do not 
pretend to any warrantable account of their origin, having 
as they imagine the fate of most other constitutions, that is, 
to be left in uncertainty, but that their congregation flour- 
ished in the 15*^ century at Litz, i.e. fifty years before the 
reformation, and was then a Sclavonian congregation, which 
sprung from the old Bulgarian Christians. That George 
Podiebrad, regent of Bohemia, who they say, partly from 
his own motion and love, and partly at the intercession of 
the archbishop of Prague, being in the like circumstances 
with him, establish'd at Litz, on the borders of Bohemia a 
congregation to serve God in quietness and peace, without 
being so easy a prey to the catholick, to whom the king and 
primate of the realm were outwardly gone over, this they 
did, so much the rather, as those bretheren differed from the 



192 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

Taborites in the principle of defending religion by force of 
arms, professing prayer in spiritual things to be the best 
weapon of christians against their enemies. 

They originally consisted of scattered Bohemians and IMo- 
ravians, but the Waldenses, as they imagine, taking refuge 
amongst them, learnt their language and in a while became 
lost in their nation;™ — that gaining ground, they became a 
people considerable enough to be denominated a national (or 
more properly a general, for it consisted of subjects under sev- 
eral distinct princes) church: — that they fought protection 
and gained settlements in Poland, England, Prussia, Wertem- 
burg and Saxony. Poland by degrees became their chief 
residence, those who differed from them in some things 
became united with them. In England, the Walloons, 
Germans, nay, all foreign protestants, were disposed by 
Edward the sixth, under their bishop John ALasco, as 
superintendant of all foreign protestants, and they say, that 
that, called the church of Augustin Fryars, a great temple 
in form of the national worship houses not far from S* 
Pauls in London was given them, which the low Dutch, ever 
since the time that John ALasco with his adherents in queen 
Marys reign returned to Poland, have had the possession 
of by the different settlements of this nation in Poland, 
England, and other nations, it becoming too tedious to dis- 
tinguish them by the several names of Bohemian, Moravian, 
Polish, HaUian, Wallonian, and German, for about two hun- 
dred years past, they have thought proper to comprehend all 
those divisions, under the general name of Fratrum Unitatis 
or united bretheren. By this name they were acknowledged 
by Great Britain in the years 1737 & 1749,^^ also by Denmark 
in 1735 & 1745, by Saxony in 1737 & 1750; by the elector 
of Brandenburg in 1737; by Sweden in 1741; and by War- 
temburg 1747. They acknowledge the Bible to be their 
only rule ''in the most simple sense and in every respect, 

" We see the Menonists and they, both lay claim to the Waldenses. 
° In this year they received a general toleration by act of parliament. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 193 

and that so perfectly that while disputants are solicitous 
to seek and find, or make that sense there which they have 
heard, the bretheren receive all according to the letter, nay, 
all that is written therein is truth to them, even that part 
which is looked upon by others as contradictory without 
being first explained." " 

As to their method of preaching in pubHc, "The antient 
bretheren (say they^) abounded much in scriptural expres- 
sions, but chiefly dwelt upon Christ and the congregation 
together, some few in later times followed the first method, 
whose expressions likewise are, without all doubt, so purely 
scriptural, that in every paragraph, the words of the Holy- 
Ghost might be referred to, but it was no universal practice. 
On the other hand, all the more recent agree in preaching 
Lamb, Blood and Congregation at once, and not one with- 
out the other, the ordinary excepted, who professedly 
preaches the bridegroom, leaving for the most part the bride 
to the description of others." 

The society or bretheren make a fund as occasions require 
having none settled in common, in which it is a rule that 
every congregation should contribute according to its abiUty, 
and if this fails, on any emergency, their board of advisary 
which consists of representatives from all parts of the world, 
helps out what is wanting. They impose taxes for certain 
small affairs, as for their box of candles in the common hall, 
for the well, for the watchman, and such little necessary 
expences; they have no fixed method for the care of their 
poor, but have hitherto so managed it as to take care of 
them among themselves. Their widows are provided for 
in what they call their choir houses.'' Their orphans are 
provided for in the disciples house. Their aged if they are 

" Compendious Manual, by way of information defado for bretheren who 
travel, printed in the bretheren's house at London 1753. 

p Ibid. 

'' These are houses built on purpose to take care of children, young men, 
young women, widowers and widows, but, there is a poor box for families. 
13 



194 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

poor, and no widowers or widows (for in that case they 
belong to their respective choir houses) then their famihes 
are dealt with as other poor are, and if private persons give 
any assistance, it is not to be mentioned, for the left hand 
is not to know what the right does. If any strangers go 
among them, they have what they call the congregation inn, 
for such as are wealthy who are to pay, except they have 
friends among them, in which case they take care of them, 
other strangers are divided among the congregation families 
or accommodated in the choir houses. The society give 
their people orders to behave in common life void of all 
singularity, and to be an honest people in the hearts of all 
men, but they say their people are apt to carry their hearti- 
ness too far, which sometimes occasions such failures as 
nobody is able to excuse, but one who knows them thor- 
oughly, as to inheritances, they follow the hereditary suc- 
cession as it is in the law of Moses, except in cases where 
the laws of the realm where they live make it otherwise, 
and except the debts of the deceased are neglected to be 
paid, in which case the wife is the husbands heir and the 
child the mothers and vice versa. The ordinary used formerly 
to alter the legal course of inheritances more than he does 
now, but an attempt being made to disinherit a person on 
the score of being a brother, hath since made him more 
cautious in that respect; their handicrafts men, are mostly 
in companies, over which is a master who is a kind of little 
magistrate to take care that none stand in each others way, 
that none want work, and that every one makes their work 
good in kind, and he also sets the respective prices thereon. 
Under these are petty masters who cut out the work for 
the workmen, or direct it and pay them by the piece, the 
journeymen work usually in the choir houses, whither the 
masters, bring their work to them. Their apprentices are 
bound at what is called their monthly tradesmens conference, 
and in the presence of the congregation committee for out- 
ward affairs, after a boy has been at least three months 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 195 

upon tryal. It is common amongst them, and an established 
rule, that their bishops, teachers, seniors political, and the 
rulers of the respective choirs, should on the second and 
fifth days in every week, wash the feet of all that they call 
the Lords supper, bretheren and sisters, "First a suitable 
discourse is kept, then certain collects composed from John 
13*'' are sung, during which the priests go round and absolve 
the people by imposition of hands, and in the mean time the 
feet washers fetch their vessels, if not already there. Then 
about twelve in number go in one line and begin and end 
at the same time, the usual collect for the feet washing being 
sung at every .division." ■■ For the propagation of the 
gospel among nations which never heard it, they say they 
have undertaken within these twenty years, two expeditions 
to the east, seven to the south, and southeast, three to the 
northeast, nine to the west and northwest, two to the south- 
west; in all twenty five having crossed the seas backwards 
and forwards about a thousand times, and employed near 
three hundred persons, betwixt 80 and 100 of whom have 
died in the service. 

"Marriage (says the Compendious Manual before referred 
to) are of two sorts, the whole civil matrimonial regulation 
as practised in the civilized world, both in its entrance and 
continuance is still in force among them, from whence the 
notions of the adversaries concerning pilgrim and common 
marriages may possibly have arose, but as this is a pure 
flight of imagination, so the matter according to the true 
state of the case is thus, the quite extraordinary liberty of 
conscience which is no where so absolutely true, as in our 
congregations, prevents all enquiry a priori into matri- 
monial affairs, and all private intimations to any in this 
case, except they are seriously disquieted, & from true con- 
cern ask advice about it. The principles left us by Jesus 
and Paul of christian marriage are regularly inculcated, and 

' Compendious Manual. 



196 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

in speaking upon them are reduced to practice so near, that 
a half soUd understanding may easily attain enough both 
for heart and body: — but as to our young people, those 
born and brought up amongst us, they being Hke white 
paper will to be sure rather chuse to be directed immediately 
and at the begining in a quite Bible and Jesus-like manner, 
than for want of solid instruction and nursing be brought 
into the right track by circular and many hurtful ways, 
therefore we must suppose that no young prince and princess 
can be treated with more circumspection and regard in the 
same circumstances, than every country boy and girl, who 
among us step out of their choirs into the marriage state. 

"236, Are they lotted together ?« 

" No — never, this cannot be acknowledged as fact in 
any point of view whatsoever, but yet there were peo- 
ple who asserted it; the case, in this respect is this, 
either such people have told downright lies, or supposed 
it to be so, because they had all their days heard it so re- 
ported, or they have made two cases extraordinary, the 
rule, the first of which is this, viz: that two persons were 
desirous to marry one woman, and afterwards put it upon 
this issue, that he should have the preference upon whom 
that office should fall on the side of the bretheren which she 
had amongst the sisters — and as the congregation could not 
determine as to the preference, so to avoid evil consequences, 
it was thought proper to draw the lot with respect to the 
office. 

" The other case was that a labourer, and at the same 
time a young man of consideration had an inclination to 
marry a truly well qualified person, but of a different rank 
from him, — the ordinary indeed is of opinion that when two 



■ The Compendious Manual from which this article is taken consists of near 
300 questions, proposed and answered in the manner of this: — their ordinary 
owns the book by a note at the latter end, dated 20 Sepf 1753 & acknowledges 
the whole to be his work, 'tis much too long to be introduced here, otherwise 
there are answers to a number of questions equally significant. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 197 

ranks are only among the lower class of people, such a 
punctillio is quite ridiculous, and therefore not at all to be 
countenanced in our congregations, but as first our congre- 
gation in general takes care to match like with like, lest 
the supposed more worthy person be discomposed and 
ashamed of his mate, and the inferior person be drawn out 
of her beneficial mediocrity into a silly pride, which we look 
upon as a real misfortune, and secondly that this case might 
decide other such before they happened, so it was tried by 
lott whether the consideration of a persons suitableness to the 
purpose for which she was desired as a help mate, ought to 
outweigh the consideration of a man of the low class of cit- 
izens under-matching himself with a farmers daughter, and 
the lott decided that such like scrupulosity is of no manner 
of signification." 

Thus much may suffice of the Moravians who are not 
more singular in some of their doctrines than in many of 
their practices. Their history were it practicable to give it 
in all its revolutions and particularities would make a 
volume of a large size — all the accounts they have hitherto 
thought fit to publish of themselves, are in part uninteUigible, 
and it is neither fair nor safe to take the accounts of their 
adversaries, they appear to be mostly such, who have 
hitherto wrote about them. By the stat. 22 Geo. 2. C. 30. 
encouragement is given them to settle in the plantations in 
America, by allowing them to take a solemn affirmation in 
lieu of an oath, and dispensing with being concerned in 
military affairs, on payment of a rate assessed. 



CHAPTER XVIII. 

Sir William Keith's First Speech to the Assembly — Their Address 
TO Him — Substance of Others at a Succeeding Session — The Joint 
Representation of Governor & Assembly to the King on the Sub- 
ject OP THE Affirmation — Keiths Speech at the Conclusion of that 
Assembly — Death of the Proprietary William Penn. 

Sir William Keith first met the assembly of Pennsylvania 
in the summer 1717 and made the following speech: 

'' Mr. speaker, and gentlemen of the assembly. 

" Being informed upon my arrival here, that the season of 
harvest then at hand, could not well permit you to meet me 
in your respective capacity until that busy time be over, 
I did out of a tender regard to your interests, then delay 
the satisfaction I still propose to myself in meeting with this 
present assembly, and I will always endeavor to make the 
time you must necessarily bestow on the public service as 
easy and pleasant to yourselves as I hope it will be profitable 
and satisfactory to the country in general. 

''If an affectionate desire to oblige and serve the people 
of this province can qualify me in their good opinions for 
the station wherein I am now placed, I may then expect 
that the Countrys and the governors interest will be so 
effectually established upon one bottom, as that he who 
truly wishes well to either cannot but find himself engaged 
to serve both; and you, yourselves may easily infer the 
warmth of my inclinations towards the service and prosperity 
of this country. 

" First from the expensive application last year by which 
I carefully introduced to his royal highness the prince of 
Wales, then regent, the humble address of the assembly 
of this province to the king, in such manner as freely to 
obtain his royal highnesses most gracious assurance that the 
people called Quakers were a body of loyal subjects for 

198 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 199 

whom the king had a great regard, that his highness was 
sorry the king was not then present to receive so good an 
address himself; but that the Quakers might at all times 
depend on his highnesses good will to serve them in any- 
thing they had to ask of his royal father. 

" Then the diligence wherewith I obtained at a considerable 
charge, the commission of governor without any other cer- 
tain prospect or advantage, but only that I should be thereby 
enabled more effectually to serve you. 

" And lastly, by the great fatigue I have undergone since 
my arrival here, that no opportunity might be slip't to 
encourage virtue and promote the general good of your 
country, but these considerations are trifles compared with 
the indispensible obligation that is of necessity upon you 
to support the dignity and authority of this government, by 
such a reasonable and discreet establishment as the nature 
of the thing and your own generosity will direct. 

" And whatsoever you shall think fit to do in that kind, 
pray let it no longer bear the undeserved and reproachful 
name of a burthen upon the people, but rather let your 
governor be enabled to relieve the country from real bur- 
thens, by putting it in his power to direct a better economy 
and more frugal management of such taxes as would answer 
the uses for which they are intended, if not squanderd by 
the barefaced partiality and unprofitable expence of the 
officers appointed to assess and collect the same. 

" Gentlemen, I doubt not but you will take the first oppor- 
tunity under a new administration to examine the state of 
your laws in order to revive some that are obsolete or ex- 
pired, and to make such alterations and additions as shall 
be found necessary for perfecting the constitution and good 
order of government in this pro\'ince. 

" For that end I am on my part ready to concur with you 
in every thing which you can possibly desire or expect from 
a governor, who conscienciously intends to observe and 
steadily resolves to pursue the duty of his office." 



200 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

The assemblys address: 

" May it please the governor, 

"We gladly embrace this (first) opportunity to congratu- 
late the governors happy and safe arrival to us with an eye 
to that good providence which preserved him and his family 
from pirates who at that time much infested our coast, 
some of whom (as we are informed) waited with hopes of 
his falling into their hands. 

" This house maturely considering the governors speech, 
find ourselves obliged in duty to make grateful acknowledge- 
ments for the governors tender regard to the interest of the 
public. 

'* The governors affectionate desire to oblige and serve the 
people of this province doth and shall meet with dutiful 
returns in all matters that come before us; and this house 
will continue all in their power to preserve the interest of 
the governor and people upon one bottom. 

''And as we must acknowledge the people of this prov- 
ince to stand highly obhged to the governors application and 
care in presenting to the prince, then regent, the humble 
address of the assembly of this province so we gladly take 
this occasion to confess the warmth of our hearts in loyalty, 
duty and affection to the king and royal family and entreat 
the governor upon all occasions, as he may have opportunity, 
so to represent us. 

" We cannot but express the pleasure and great satisfaction 
of this house in that the proprietary hath been pleased to 
place and his majesty to approve of so worthy a gentleman 
in commission over us, and hope our behaviour and that of 
all the people of this province, will always be such as may 
preserve the good inclinations of the governor to serve the 
country, and instance whereof we have in the fatiguing 
journeys he hath taken in the late hot season, to promote 
the good of those under his government. 

"As the governor was pleased to defer calling us for the 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 201 

sake of harvest, so we crave leave to observe to him 
that seed time being just at hand will be a great incon- 
veniency to many of the members to stay long at this 
season, so that we do not undertake at this sitting to 
enter upon an examination of our laws or any business 
that will require length of time, but depending upon the 
governors resolves and good intentions to oblige the people 
by concurring with anything they can reasonably desire 
for their service. 

" We on our parts being fully satisfied in our duty of sup- 
porting as far as in us Hes the dignity and authority of this 
government have at this time voted Nem: Con: that the 
sum of five hundred pounds shall be given to the governor & 
paid out of the first pubhc money that shall arise by any 
means in the treasury; & to make it more certain, are now 
preparing a bill, which will be offered the governor for aug- 
menting the public stock." 

*' Mr. Speaker & gentlemen of the assembly 

'' I received a very affectionate address from your house 
for which I heartily thank you; and the generous acknowl- 
edgement you have been pleased to make of my late en- 
deavors to serve this country cannot but greatly encourage 
me diligently to carry on the same service in all its parts. 

" Your dutiful expressions of loyalty and affection to the 
king and royal family shall be carefully represented by me 
to his majesty and his servants in the ministry, and while 
the spirit of unanimity, and so amiable a temper with respect 
to government is continued and preserved amongst you, I 
will take upon me to say that you may be firmly assured of 
the kings favorable countenance and gracious condescension 
in all your applications to the throne. 

" Gentlemen, since you have observed to me, that it will 
be inconvenient for you to enter upon any business now, 
which may detain you from your urgent affairs at this time 
in the country, I cannot but condescend that you make 



202 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

such an adjournment as you think will best suit with the 
season of the year, for I shall still have a great regard to the 
opinion as well as to the advantage and ease of so good an 
assembly. 

''6*^mo:24*h" 

The members returned from the usual election in October 
1717; chose William Trent speaker. Sir William Keith 
opened the session by informing them — That after the good 
acquaintance that even in a short time he hoped he had 
lately made with many of their constituents, it was with 
great cheerfulness he left all other business and hastened to 
meet them in assembly at the usual time appointed by the 
laws of the province. 

That they need not doubt of his readiness to concur 
with them in all reasonable things, either for the ease and 
contentment of the peoples minds or the better security of 
their estates. 

That besides what would naturally and in course come 
under their consideration in reviewing the laws of the prov- 
ince, he must recommend to them in particular, not to 
lose any time in securing themselves and all the people of 
the colony from the inconveniences which might possibly 
arise by the unlimited number of foreigners, that without 
any licence from the king or leave of the government had 
been transported hither of late, and to provide some discreet 
regulation to allay the apprehensions they were under of 
great numbers which he was informed were daily to be 
expected from Europe. 

That he had hitherto heartily endeavored to convince 
everybody of his readiness to undertake anything which 
might contribute to the peace, prosperity, and safety of the 
province, but that it would depend on them to strengthen 
his hands so as that he might be enabled to do it effectually. 
''And if (says he) supporting the just authority of your 
governors character as well as the honor and rank of this 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 203 

province amongst its neighbors does perhaps create a Httle 
more charge than has been usual of late years still you may 
be assured it will be attended with proportionable advantages 
to the public wellfare; and with this agreeable reflection 
that above two thirds of what you give for the support of 
government will be expended and laid out amongst your 
own people." 

The assembly in their address said, that the coming in of 
so many foreigners rested upon them with great concern, 
and the more for that they had no licence from the king to 
transport themselves here, and the royal charter seemed to 
be against them unless they were denizis'd or at least come 
under the proper tests that should legally distinguish them 
from his majesty's enemies. 

Therefore they desired that the governor would favor 
them with his sentiments in the premises, and either appoint 
a committee of council to join a committee of the house or 
otherwise, as he shall think fit, to concert proper methods 
for removing the jealousies already raised in the minds of 
the inhabitants concerning these foreigners; as also to pre- 
vent the inconveniences which might attend their settle- 
ment in one place, or promiscuously among the Indians. 

That they hoped to do their parts toward supporting the 
authority of the governor as became them. That the gov- 
ernor well understanding the nature of the laws the province 
wanted, they hoped he would so far facilitate their under- 
takings as to give them his thoughts upon such of them, as 
might want to be methodized so as to answer his character, 
who was to give them a sanction here, and recommend them 
to his majesty as a well meaning people, desiring no pre- 
eminence, but that those to whom the royal charter which 
erected this a government had a peculiar regard, might be 
enabled to act in such stations as they could best serve the 
public, and merit the lasting character of being loyal subjects 
to the king, dutiful to the governor, and just to the people. 

Keith replied as follows: 



204 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

'* Mr. Speaker, and gentlemen of the assembly — 

" I heartily thank you for the regard which you have 
expressed toward me in your address: and since you are 
pleased to think that my purpose, and intentions to serve 
the people of this province merit your thankful acknowledg- 
ments, I gratefully accept them, not without hope that real 
services performed will in time beget your friendship and 
esteem. 

" I very well approve the motion of appointing a committee 
of Council to confer with a committee of your house upon 
the foreigners lately transported hither, but I, having wrote 
fully to the secretary of state upon that affair in order to 
obtain his majesty's commands therein, perhaps you will 
be of opinion to delay the further prosecution of the matter 
until we can have some advice from England. 

" I am as much at a loss as you are to know whether the 
laws passed here since his majesty's accession to the throne; 
have been yet presented at home, and approved of, or not; 
but having lately taken the pains to read over the body of 
your laws as they are printed here, there seems to be great 
occasion for it, and I cannot but highly commend your 
resolutions to revise & amend them. 

" I am not ignorant that you have very able and good men 
amongst yourselves some of which are eminently well 
qualified for such a work, but as there is not any one thing 
in government, about which we ought to be more careful 
than that of composing laws, I shall very readily contribute 
my assistance, and not forget the obliging manner in which 
you have desired me. 

" The declaration of your unanimous resolutions and de- 
sire to serve the country and to support the authority of 
governm*, seems to be very seasonable at this time, and a 
steady prosecution with temper and unanimity, of those 
great and good purposes cannot fail of establishing peace, 
honor, and justice among you. 

" Gentlemen, I shall be ready to communicate what fur- 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 205 

ther may be necessary according as you desire it, or as the 
daily proceedings of your house may possibly direct it." 

In the spring 1718, Sir WiUiam Keith proposed to join 
with the house in the following address to the king, to which, 
with an exception to the style, they acceded, and the same 
was accordingly forwarded. 

" To the kings most excellent majesty. The humble 
address and representation of the governor and general as- 
sembly of your majestys province of Pennsylvania, met at 
Philadelphia the Day of May 1718. 

" Most gracious sovereign, 

" We your majestys most dutiful and loyal subjects and ser- 
vants, being filled with a grateful and just sense of that tender 
care and concern, which your majesty has on every occasion 
been pleased to express for the peace and prosperity of all your 
people do with profound humility and submission presume 
to address your sacred majesty in behalf of your majestys 
good subjects the people of this province, whom we have the 
honor at this time to represent in a legislative capacity. 

" May it therefore please your majesty to know, that in 
the year 1681 this colony was settled by a considerable 
number of Enghsh subjects, called Quakers, under the care, 
encouragement, and direction of William Penn Esq"" our 
proprietary and governor in chief. 

"That the persecution which in those days prevailed 
against protestant dissenters in England was the principal 
motive and reason, why the first setlers of this country re- 
moved their estates and families hither, where they might 
quietly and peaceably enjoy that innocent liberty of con- 
science which they conceived to be every mans natural right. 

" That by the unwearied application, industry and expence 
of the inhabitants, this colony is now increased to a very 
considerable body of people, whereof the majority continue 
to remain in the society of friends called Quakers. 



206 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

" That such being the pecuHar and distinguishing circum- 
stance of this, from any other colony under his majesties 
dominions in America, the offices of government must of 
necessity be suppHed, and the powers executed by those of 
the Quakers persuasion, intermixed with such others as are 
to be found here in the communion of the church of England, 
and good protestant subjects well affected to your majesty 
and your government. 

" That the happy influence of your majesty's most equal 
and just administration every where, has perfectly united 
our hearts and minds to contribute our utmost endeavors 
for carrying on the business of the government of this 
province, in such manner as may be most agreeable and 
acceptible to your majesty and your ministry at home. 

"That for this end we have labored more especially of 
late to regulate the proceedings in our courts of judicature, 
as near as possibly could be done to the constitution and 
practice of the laws of England. 

" That from many years experience we are not only con- 
vinced that the solemn affirmation allowed in Great Britain to 
the people called Quakers, doth in all respects and in every case 
here answer the legal and essential purposes of an oath, but 
also the growing condition of this colony which brings great 
numbers of people yearly from Europe to reside amongst us. 

" The multitude of pirates abroad, and other loose vagrant 
people who are daily crowding in to shelter themselves under 
the peaceable administration of this government and the 
absolute necessity there is to punish such as shall dare to 
oppose and break through the known laws of society and 
humanity, lays us under the greatest obligations with security 
to our own lives, as well as to the just maintenance of your 
majestys royal authority over us, not to reject or despise 
the solemn affirmation allowed to the Quakers, without 
which, we humbly beg leave to assure your majesty, judges, 
juries nor evidences sufficient could ever yet be found here 
in the most criminal and notorious cases. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 207 

" That formerly it having been found unpracticable to 
keep and preserve the pubHc peace within this government, 
any other way than by admitting the solemn affirmation 
in all cases whatsoever to have the same force and effect in 
law as an oath, upon a representation thereof to the Board 
of Trade, the late Queen Ann, by an order in council dated 
the 21st day of January 1702-3, was pleased to direct in 
the alternative, viz: 'That all persons acting in any judicial 
or other offices wdthin this province of Pennsylvania, and 
three lower counties upon Delaware, should be obhged to 
take an oath, or in lieu thereof, the solemn affirmation 
allowed in England to the people called Quakers and that 
in all their pubhc, and judicial proceedings, the said judges 
and officers shall be obliged to administer the oaths appointed 
by law or the said attestation.' 

" That the Quakers in general, having approved them- 
selves to be an industrious and quiet people, most heartily at- 
tach'd unto your majesty's royal person and government, 
your loyal subjects of that persuasion in this province do 
humbly hope that your majesty will vouchsafe to indulge 
their tender consciences in the case of oaths, with the same 
freedom that has been granted to them by your royal pred- 
ecessors, and thereby w^e shall effectually be enabled to per- 
form our respective duties in preserving your majesty's peace 
within the jurisdiction of this province, and to inforce the 
just regard and obedience due unto your royal authority 
as becomes, may it please your majesty, your majestys 
most loyal, most faithful and most obedient subjects and 
servants." 

Keith's speech at the conclusion of this assembly will give 
an idea of their transactions. 

'' Mr. speaker, and gentlemen of the assembly. 

'* The valuable and wholesome laws which have been com- 
posed with so much care by your difigent application, and 



208 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

the great temper and perfect unanimity, wherewith the 
pubhc affairs have been carried through all the parts of the 
administration of this government for these twelve months 
last past, must doubtless by this time have convinced all 
the men of reason amongst us of the many and great ad- 
vantages that such a harmony secures to the commonweal. 

" You may be assured it will always be matter of con- 
science, as well as duty with me, to promote the general good 
and interest of this province to the utmost of my capacity 
everywhere; and I hope the public advantage of my being 
sufficiently enabled to perform that service will more and 
more, daily appear both to yourselves, and your constituents. 

"Gentlemen, I cannot but consider the great confidence 
you have placed in my opinion and conduct, as a most sincere 
mark of your affection to me, and my hearty endeavors 
shall not be wanting to answer all your just expectations 
but having ground to expect that you will give me another 
opportunity of meeting you here again, as soon as the season 
of harvest now at hand, will conveniently permit, I shall 
refer what I have further to say until that time, it being 
my desire to make the public service as much consistent 
with all your other affairs, and thereby easy to yourselves 
as possibly can be contrived." 

In this year after a long indisposition, died at Rushcomb, 
near Twyford in Buckinghamshire, aged about 74 years, 
William Penn, Proprietor & Governor of Pennsylvania. His 
literary works and the Province of Pennsylvania will remain 
the lasting Monuments of his value. 



CHAPTER XIX. 

Speeches & Messages Between Sir W" Keith and the Assemblies in 
THE Years 1718 and 1719. He Establishes a Court of Chancery — 
His Proclamation for that Purpose. 

At the annual Election in Pennsylvania in October 1718, 
a new assembly being returned, they chose Jonathan Dick- 
enson Speaker* on whom the Governor bestow'd his appro- 
bation in the following liberal terms. 

" Mr. Speaker, 

" The modesty and candor of your deportment for many 
years, in public business has at this time in the two most 
eminent Stations " justly determined the choice both of the 
city and country in general, and this flourishing city in 
particular, upon you. Sir. 

" And from this begining I promise myself that by your 
prudent example they will at last be persuaded heartily to 
unite in all such matters as plainly tend to the honor & 
advantage of this province. 

" Gentlemen, I know it is usual with you to adjourn your- 
selves for a short time at this season; so that I shall not 
trouble you further now, but refer such matters as I have 
to lay before you until you can more conveniently meet to 
sit upon Business. 

The news ha\'ing arrived of the long expected Death of 
the Proprietary, Keith, at the sessions in the winter, open'd 
the matter to the assembly as follows : 

'' Mr. Speaker, & Gentlemen of the Assembly, 

" The melancholly news of the proprietary's Death would 
have obliged me to have called you immediately together, 
had it not been the unanimous opinion of the Council, that 

* The same who suffer'd shipwreck in the Gulph of Florida. 
" He was Chief Justice of the Province as well as Speaker of the Assembly. 
14 209 



210 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

my continuing the Administration of the Government, in 
all its parts, was not only warranted but also directed by an 
act of Assembly which had received the royal sanction. 

*' Nevertheless when you have considerd the minute of the 
Council which I have orderd to be now laid before you I 
shall likewise be glad to have the sentiments of your House 
upon that resolution wherein I think it will be convenient 
that we all agree. 

'' Gentlemen, If it be granted, as I think it must, that a 
governor is a necessary agent to be continually employ'd 
in providing for the protection, safety, and ease of all the 
people in the government, it will then follow that such a 
service in this populous place cannot be duly performed 
without a considerable charge, and the whole expence of 
ones time, even with diligent application. And since you 
are the proper judges how far I have done my duty in these 
particulars, I take leave to put you in mind that the supplies 
that have been granted by former assemblies for the par- 
ticular support of my family, are now actually exhausted, 
and the time for which they were supposed to be given, is 
expired ever since the month of October last. 

" I shall conclude with recommending a friendly temper, 
and unanimity in all your proceedings, and whatsoever else 
occurs to me of Business shall be communicated to you by 
way of message." 

The assembly made the following short reply. 

" May it please the Governor: 

" This House is deeply touched with the sorrowful news 
of the death of our late Proprietary and Governor in Chief, 
and we are very apprehensive of the loss this province may 
sustain thereby; but the measures which the governor and 
council took upon that emergency in continuing the ad- 
ministration of the government as the act of assembly 
directs, is so agreeable to our sentiments, that we can do 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 211 

no less than express our great satisfaction therewith, and 
unanimously return our hearty and grateful acknowledg- 
ments of the governors care and concern for the well-fare 
of this colony manifested in that instance as well as in the 
general course of his proceedings in government 

" We have not fully examined the state of the pubHc ac- 
counts, so as to reduce the funds to a certainty, therefore 
we cannot as yet be particular in answer to the latter part 
of the Governors speech, but crave leave to assure the 
governor that we have a due sense of our duty in respect to 
the support of his Administration, and hope to acquit 
ourselves accordingly. 

" By order of the House 

"Jonathan Dickenson, Speaker. 
" December 18, 1718." 

On the 19*'' of December, the Governor sent the following 
message : 

'' Mr. Speaker, and Gentlemen of the Assembly, 

" In answer to your message of yesterday, you will find 
upon the journal of the last assembly dated the 19**" day of 
September that I sent them a copy of the minute of Council, 
relating to the Agency, which is all that I yet know of that 
matter, & hereby I send you the Honourable Mrs Penns 
original letter to me, giving an account of the Proprietary's 
Death &c. 

" But that you may still be more fully convinced that I 
keep no reserve with you, neither have I any interest in 
view, which can be separated from yours, I hkewise send 
you, the copies of two letters of complaint, which had been 
deliverd to the lords of trade against the proceedings of 
former assemblies in this pro\ance: with Mr. Joshua Gee's 
defence, & my answer to him on that subject; because I 
understand it is surmized in the country as if I had already 
received powers of Government from Great Britain since 



212 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

the Proprietarys Death ; I think it proper to assure you that 
there is not any ground for that report; and so soon as any 
such powers shall come to my hands, either from the crown, 
the late Proprietarys family, or the mortgages, you may 
depend on it, that the assembly shall be forthwith acquainted 
therewith. 

" The full approbation of my conduct which you were 
pleased to express in your affectionate address of yesterday 
gives me a great deal of satisfaction; and it will always be 
a pleasure to me effectually to serve and promote the 
interest, and prosperity of the people of this province whom 
you represent. 

" William Keith. 
" December 19, 1718." 

1719. William Trent being chosen Speaker by the new 
Assembly returned at the Election, in October 1719, the 
Governor then address 'd them the following terms. 

'' Mr. Speaker and Gentlemen of the assembly 

" I must reflect on every occasion I have had to meet the 
assembly of this province with great satisfaction, and the 
present opportunity cannot possibly leave a less agreeable 
remembrance since I have the pleasure to present you with 
the royal assent to, and perpetual confirmation of a law 
which gives you the full enjoyment of English Liberties, 
and therefore must doubtless be forever valued by your- 
selves and your Posterity as an inestimable freedom and 
birth-right; I mean the act which I pass'd in May 1718 for 
the Advancement of justice, and more certain administration 
thereof. 

" This success has been chiefly owing to the perfect har- 
mony and good correspondence that has hitherto subsisted 
between me and the representatives of the people, a circum- 
stance which secures our peace and puts us above the reach 
of faction, for so long as your friends in this government con- 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 213 

tinue to be mine, my enemies must unavoidably expect to 
be treated as yours, and while so guarded, w^hat have we to 
fear? Gentlemen, knowing that it is not an usual season 
of the year for a long session, I would not overcharge you 
with business ; only I must in one point take leave to recom- 
mend to you the imitation of an English House of Commons, 
by voting at first the sums which you shall judge necessary 
to support the charge of government for the current year, 
and then with conveniency proceeding to the ways and means 
for raising that supply. This method not only gives life 
and credit to the administration, but will be of great use to 
me, both in the management of the public, and my own 
private affairs, which equally depend upon your conduct & 
good will." 

The assemblys address: 

" May it please the Governor, 

" The satisfaction the Governor is pleased to express on 
his meeting the several assembly's of this Province is very 
agreeable to this House: And as his care on all occasions 
hath hitherto been an evident proof of his affection to the 
inhabitants thereof, and his extraordinary dihgence in so 
speedily getting the royal approbation to the law intituled 
An act for the advancement of Justice, and more certain Admin- 
istration thereof, is a further instance of his great care and 
regard to the peace and tranquility of this province which 
lays the inhabitants thereof, under lasting obligations, and 
will we presume continue an agreeable harmony between 
the governor and the people of this province, as well as 
defeat the endeavors of such who may justly be esteem'd 
enemies to him and our constitution. 

" The circumstances of this country, the state of the public 
funds and our present inclination to an adjournment con- 
sider'd we crave leave to proceed no further at present than 
to assure the governor that being deeply sensible of the 



214 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

many obligations this Province lies under, we esteem it our 
indispensible duty to support the Governor and Govern- 
ment to the utmost of our Power, and hope at our next 
meeting cheerfully to perform the same to general satis- 
faction. " By order of the House, 

" William Trent, Speaker." 

1720. To the assembly which met in the spring 1720, the 
Governor among other things, hinted the necessity of a 
court of chancery and speaks on the subject in the following 
terms. 

" Upon some representations that have been made to me 
that a court of equity or chancery was very much wanted 
in this government, I thought proper to consult the opinion 
of Gentlemen, learned in the law, and others of good judg- 
ment, who all agree that neither we, or the representative 
body of any of his Majestys colonies are invested with 
sufficient powers to erect such a court, or that the office of 
chancellor can be lawfully executed by any person whatso- 
ever except him, who by virtue of the great seal of England, 
may be understood to act as the kings representative in the 
place; but the opinion of your House of what may be with 
safety done for your country's service in this case shall 
principally direct my conduct." 

In consequence of the proposition here made, and en- 
couragement given him by the council and assembly. Sir 
William Keith soon afterwards established a court of chan- 
cery in Pennsylvania by the following Proclamation.'' 

" This court of chancery became in time to be thought a great nuisance, 
and was therefore laid aside. 

In the year 1725, John Kinsey afterwards Chief Justice of Pennsylvania, 
being then in the way of his business as a lawyer, obhged to attend the court 
of chancery, at which Sir William Keith sat President, had his hat taken off 
by his order, the Quarterly Meeting of Friends being soon after held in Philad*, 
appointed a Committee, to wit, Rich'^ Hill, John Goodson, Anthony Morris, 
William Hudson, Rowland Ellis, Evan Evans, Richard Hayes, Reese Thomas, 
Morris Morris, and Robert Fletcher to wait on the governor, and request him 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 215 

" By Sir William Keith Esq. Governor of the Province of 
Pennsylvania, and the Counties of New-Castle, Kent, & 
Sussex upon Delaware. 

" A Proclamation. 

" Whereas Complaint has been made, that courts of chan- 
cery or equity, tho absolutely necessary in the administra- 
tion of justice, for mitigating in many cases the rigour of 
the Laws whose judgements are tied down to fixed and 
unalterable rules and for opening a way to the right and 
equity of a Cause for which the law cannot in all cases 
make a sufficient Provision, have notwithstanding, been too 
seldom regularly held in this Province in such manner as 
the agrieved subjects might obtain the relief, W^ by such 
courts ought to be granted. And whereas the representa- 
tives of the Freemen of this Province taking the same into 
consideration, did at their last meeting in assembly request 
me that I would with the assistance of the Council open 
and hold such a court of equity for this province to the end 
that his Majestys good subjects may no longer labour under 
those inconveniences which are now complained of, I have 
thought fit, by and with the advice of the Council hereby 
to pubhsh and declare, that with their assistance I purpose 
(God wilHng) to open & hold a Court of Chancery or Equity, 
for this province of Pennsylvania, at the courthouse in 
Philad** on Thursday the Twenty fifth day of this instant 
August, from which date the said Court will be and remain 
always open for the relief of the subject to hear and deter- 
in a respectful manner to continue the privelege which the Quakers conceived 
themselves legally entitled to, of appearing in courts or otherwise in their 
own way, according to their religious persuasions. An address being accord- 
ingly drawn up, was presented, which with the entry made thereon by order 
of the governor in the court of Chancery, and certified by the register is as 
folio weth. 

"To Sir William Keith Barronett, Governor of the Province of Pennsyl- 
vania &c. 

"The Humble Address of the people called Quakers, by appointment of their, 
Quarterly Meeting, held in Philadelphia, for the city and county, 2<* of y» 
3mo: 1725 



216 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

mine all such matters arising within this Province afores"^, 
as are regularly cognizable before any court of chancery 
according to the laws and constitutions of that part of Great 
Britain called England, and his Majesty's judges of his 
supreme Courts as well as the justices of the inferior courts, 
and all other whom it may concern, are required to take 
notice hereof & govern themselves accordingly. 

" May it please the Governor, 

" Having maturely considerd the inconveniences and hardships which we 
are apprehensive all those of our community may be laid under, who shall be 
required or obliged to attend the respective courts of Judicature in this Prov- 
ince, if they may not be admitted without first having their hats taken off 
from their heads by an officer, as we understand was the case of our Friend 
John Kinsey, when the Governor was pleased to command his to be so taken 
off, before he could be permitted to speak in a case depending at the last 
court of chancery, after that he had declared that he cou'd not for conscience, 
comply with the governors order to himself to the same purpose, which being 
altogether new and unprecedented in this province was the more surprising 
to the spectators, and as we conceive (however slight some may account it) 
has a tendency to the subversion of our religious liberties. 

" That this Province with the Powers of Governm' was granted by king 
Charles II to our Proprietor who at the time of the said Grant was known to 
dissent from the national way of worship in divers points, and particularly 
in that part of outward behaviour, of refusing to pay unto man the honor that 
he, with all others of the same profession believed to be due only to the supreme 
being, and they on all occasions have supported their testimony so far as to be 
frequently subjected to the insults of such as required that homage. 

" That the principal part of those who accompanied our said Proprietor in 
his first settlement of this Colony, with others of the same Profession who have 
since retired into it, justly conceived that by virtue of the said powers granted 
to our Proprietor they should have a free and unquestioned right to the exer- 
cise of their religious principles and their persuasion in the aforementioned 
point and all others by which they were distinguish'd from those of other 
professions, and it seems not unreasonable to conceive an indulgence intended 
by the crown in graciously leaving the modeUing of Government to him & then 
in such manner as may best suit their circumstances, which appears to have 
been an early care in the first legislators by several acts, as that for liberty of 
conscience, and more particularly by a law of this province pass'd in the 
IS**" year of King William, Chap 92, now in force, it is provided that in all 
Courts, all Persons of all persuasions may freely appear in their own way, and 
according to their own manner, & there personally plead their own cause, or if 
unable, by their friends, which provision appears to be directly intended to 
guard against all exceptions to any persons appearing in their own way, as 
our Friend did at the aforesaid Coiu-t. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 217 

" Given at Philadelphia, the 10*^ Day of August in the 
seventh year of the reign of our sovereign lord George, King 
of Great Britain France and Ireland, Defender of the Faith 
Annoq: Domini 1720 "William Keith." 

The assembly in their address upon this requested that 
such of the council might be excepted from being assistants in 
the said court as had heard the same cause in any inferior 
Court, and in other points seem to have heartily acquesced. 

" Now tho' no people can be more ready or willing in all things essential to 
pay all due regard to superiors and to honor the courts of justice, and those 
who administer it, yet in such points as interfere with our consciencious per- 
suasion we have openly and firmly borne our testimony in all countries and 
places where our Lots have fallen. 

" We must therefore crave leave to hope from the reasons here humbly 
offered, that the Governor when he has fully consider'd them, will be of 
opinion with us, that we may justly & modestly claim it as a right that we 
and our friends should at all times be excused in this government, from any 
compliances against our consciencious persuasions, and humbly request that 
he would for the future account it as such to us, thy assured well-wisliing 
Friends. 

" Signed by appointment of the said Meeting, Richard Hill, Richard Hayes, 
Morris Morris, Antho Morris, Evan Evans, John Goodson, Rowland Ellis, 
Reese Thomas, Sam. Preston, William Hudson." 
"The 10* May 1725." 

" On consideration had of the humble address presented to the Governor, 
this day read in open court from the Quarterly Meeting of the People called 
Quakers for the city and county of Philadelphia, it is ordered that the said 
address be filed with the register, and that it be made a standing rule of the 
court of Chancery for the province of Pennsylvania in all time to come, that 
any practitioner of the Law, or other Officer or Person whatsoever, professing 
himself to be one of the people called Quakers, may & shall be admitted, if 
they so think fit, to speak or otherwise officiate, and apply themselves decently 
unto the said Court without being obliged to observe the usual Ceremony of 
uncovering their heads by having their Hats taken off; & such privilege hereby 
ordered & granted to the people called Quakers, shall at no time hereafter 
be understood or interpreted as any contempt or neglect of the said Court, 
& shall be taken only as an act of consciencious Liberty of Right appertaining 
to the religious persuasion of the said people, and agreeable to their practice 

in all civil Affairs of Life. 

By S"' William Keith Chancell'." 
" A True copy, examined 
by Cha« Brockden Re^': Chan:" 



CHAPTER XX. 

Keith Recommends the Appointment of a Provincial Agent — The 
Assembly Go Into the Nomination — His Speech to the Assembly of 
1721 — Theik Address to Him — He Continues in the Government 
Till 1726 — A Short Sketch of His Character — His Death — Ace' 
of Governors Since, Down to the Present Time — The Deaths and 
Characters of a Number of the Principal Inhabitants. 

Of the assembly chosen in October 1720, Isaac Norris 
was appointed speaker; to them Keith address'd himself to 
the following effect. 

He first felicitates himself and them, that the blessings 
of peace had hitherto crowned their endeavors at every 
session; That the want of an Agent continued to impede 
pubhc business: That he thought the revenue Acts should 
grow with the growth of the Country; & that many Sessions 
in one year made repeated delays and seem'd calculated 
only to hinder pubhc business. 

They (the Assembly) remark'd that they had gone into 
the nomination of an Agent, but it had not yet fully taken 
effect, however, they would take the requisite care: They 
acknowledged frequent adjournments hurt business and 
hoped they should for the future act so as to avoid danger 
from that quarter. 

1721. The assembly elected October 1721, chose Jere- 
miah Langhorne Speaker: The governor told them in his 
first message that his good success with former assemblies, 
and the hearty welcome and kind entertainment he met 
with wherever he went in the Country, led him to depend 
upon the affections of the people, and consequently their 
(the Assembly's) esteem. That he understood the country's 
changing some of their Member, were in compliment to 
him, at least from an opinion they had conceived of his 
hearty inclinations to grant them everything he could, in 
w'^'' they should not be disappointed. That the obvious 

218 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 219 

Duties of honest men were obligations reciprocal, and con- 
cluded with his usual offers of service. 

The House told him as their first compliment that his 
former good success was owing to a steady administration 
of Justice, and with some more good words acquainted him 
with their intentions of adjourning. 

In the middle of Winter they met again, when Keith 
opend the Session as follows : 

'' Mr. Speaker & Gent: of the Assembly. 

" You have prudently chose the most seasonable time of 
all the year, for the dispatch of public business, when it 
will least interfere with y"" private affairs in the country, and 
I hope I have been so happy to speak your sentiments with 
my own as often as I have lately had occasion to assure 
many of the good people of this province that we will at 
this time give an attentive ear unto all their complaints, 
and most diligently apply ourselves to restore the planters 
credit without discouraging the Merchants, by whose in- 
dustry alone our trade must be supported with a sufficient 
currency of Cash. 

" My mind is so fully bent upon doing this province some 
effectual service that I have lately formed the design of a 
considerable settlem* amongst you, in order to manufacture 
& consume the grain for which there is at this time no profit- 
able Market abroad, and altho' this project will doubtless 
at first prove very chargible, and expensive to me, yet if 
it meets with your approbation, and the good will of the 
people, I am well assured it cannot fail of Answering my 
purpose to do a real service to the country: And every 
Interest or concern of mine shall ever be built on that 
bottom. 

" Gentlemen, If in the prosecution of your affairs this 
Session, anything shall happen wherein my private ad\'ice 
or assistance can be servicable to you, be assured I will 
readily and cheerfully meet as often as there shall be occa- 



220 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

sion with any committee you think fit to appoint; for as 
I am persuaded the pubhc good will be the rule of our 
thoughts, we may reasonably expect the best issue from 
united councils." 

The Assemblies address: 

" May it please the Governor 

"It is with great complacency this House receives the 
Governors fresh assurances of his regard to the people we 
represent in such affectionate expressions and zeal to restore 
the Planters credit with his just care of the Merchant who 
(of late) with others equally lie under the great disadvantage 
of want of a sufficient Currency of Cash, as appears to us 
from the melancholly complaints of the people, and we will 
readily fall in with any scheme as shall appear to us con- 
ducive to a remedy. 

" We gratefully acknowledge the governors condecension 
to acquaint this House of his forming a design to manu- 
facture and consume the grain of this country — we hope 
the success will answer the governors expectation by a 
fruitful advantage of his Interest, & consequently that of 
the Country which are inseperable. 

'' We heartily thank the Governor for his repeated offers, 
in condescending cheerfully to assist and advise this assem- 
bly in what may be for the public good. 
"lPhmo:2d 1721-2" 

Sir William Keith came to the Government of Pennsyl- 
vania the first of the month called May 1717 and continued 
till the summer 1726. He was a respectable handsome man 
had some good qualities, and with these the arts of popu- 
larity to a great degree. It was indeed usual with him to 
carry his familiar deportment among the people to such a 
length that often seemd to discover more of design than any 
disposition barely to obhge. His affability however, had 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 221 

its effect with numbers insomuch that upon notice of his 
being to be removed from the administration, many peti- 
tion'd the Assembly to make him some gratuity: After he. 
was turned out they even chose him a member of the Assem- 
bly. To do him justice their resentments in his favor were 
not altogether founded upon popular prejudice, the Province 
of Pennsilvania must be looked upon indebted to him not 
only for several beneficial Acts at home, but for his un- 
wearied endeavors to promote the Paper Money scheme 
against the strong opposition of some of the most ruling 
men of these times. He died poor in London in or about 
the year 1749. 

Patrick Gordon succeeding S'' W"" Keith in the Sum- 
mer 1726, he continued Gov"" till the Summer 1736, when 
dying, the administration devolved on the council, James 
Logan president, who governed till the summer 1738 
when George Thomas arrived governor, who continued till 
the summer 1747. Then the council governed, Anthony 
Palmer Prs* till November 24, 1748 when James Hamilton 
arrived Governor, and continued till his resignation in 
October 1754, when Rob* Hunter Morris arrived and con- 
tinued till W"^ Denny succeeded him in 1756. He governed 
till 1759, when James Hamilton succeeded Him and Con- 
tinued till 1763 when John Penn arriv'd Gov"" & continued 
till 1771, when James Hamilton became Gov"" again as Presi- 
dent of the Council & conf' till the Fall of the same year 
when Rich*^ Penn Esq*" the present Gov"" arrived. 

1722. In this year died Jonathan Dickinson. On his 
first removal from Jamaica to settle in Philadelphia, he 
with his wife and a large family was shipwreckd in the 
Gulph of Florida, and sufferd a great variety of dangers & 
hardships among the Indians there. He bore a large share 
in the Administration of Justice in Pennsilvania with a 
good character; was some time speaker of the assembly; 
had a great Interest in the City, & was a man generally 
well-beloved by his friends & neighbours. 



222 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

1725. In the Summer 1725 died William Allen, Father 
to Wilham Allen Esq"" the present chief Justice of Pennsil- 
vania, tho' not one of the first settlers, he was a considerable 
promoter of the trade of the Province, having been for many 
years an eminent merchant of the city of Philadelphia and 
left behind him a good character & a good estate. 

1729. The ninth of September this year, died Richard 
Hill of Philadelphia. He had his birth in Maryland, was 
brought up to the sea, and commanded some good ships in 
his youth, but afterw"^^ settled in Philad^ on account of his 
wife the relict of John Delavall and eldest Daughter of 
Thomas Lloyd. He was twenty five years a member of 
Council for the province; had been divers times Speaker of 
the Assembly; had borne several offices of trust, and was 
for several years first commissioner of Property, during the 
last Ten years of his Life, was one of the Provincial Judges. 
His Services in the society of Friends, of which he was for 
many years an Active Member were likewise very consider- 
able. He had by nature & acquisition such a constant 
firmness as furnish 'd him with undaunted resolution to go 
through with whatever he undertook. His sound judg- 
ment, his great esteem for an English constitution & its 
Laws; His tenderness for the liberty of the subject, & his 
zeal for preserving the reputable order establish'd in his 
own Community, with his great generosity to those he 
accounted proper objects of it qualified him for the greatest 
services in every station he was engaged in, & render'd him 
of an uncommon value in the place where he lived. 

1731. In the begining of the month called August this 
year, died David Lloyd of Chester, Chief Justice of the 
Province of Pennsylvania. He was, as we have seen for 
many years speaker of the Assembly, and one of those prin- 
cipally concern'd in the opposition given to the Governors 
Evans & Gookin, and in the seperating the Province of 
Pennsylvania from the lower Counties so as to compose 
Assemblies independent on each other, according to the 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 223 

present practice. He had his reasons for his conduct thro 
great opposition & conflict But Pennsylvania on the score 
of some Priviledges particularly with regard to the Assemblys 
sitting on their own adjournments may date in some part 
at leiast from his endeavours & perseverance. 

1735. This year died Isaac Norris of Philad^ Chief 
Justice of Pennsylvania, to which station he was appointed 
on the death of David Lloyd in 1731. He went thro' this 
& divers other public stations with reputation and honor, 
and his services in the business of his own community 
entitled him to an uncommon esteem among his Brethren 
the Quakers; His Love to the truth was great; His action 
in its service among the foremost. He very well knew (and 
show'd it by his conduct) that to be useful to men was one 
of the great ends of his creation, that to answer this end, 
mankind were to be taken as they are, that where they 
could not be mended their lesser failings must be endured: 
That as God had endowed him with great Talents, it was 
incumbent on him to use them to the best of his understand- 
ing. That to do this effectually according to duty and a 
good concience, little dislikes and many ungrateful things 
incident to Mortals must be put up with, and a spirit above 
them constantly nourish'd, that by carrying thro' life a 
christian temper and an even hand he might be on all occa- 
sions qualified to use his abilities to advantage; His example 
in this by station conspicuous was noble in itself and his 
character in most respects so honorable among men, and 
universally beneficial to those of his own communion, that 
render'd him an ornament to his Country & Profession and 
his death a great loss to both. 

1741. In the latter end of the Summer 1741, died Andrew 
Hamilton of Philadelphia. He had gone through several 
considerable stations in the government of Pennsylvania 
and in the lower counties. He was long speaker of the 
Assembly for the Province, and some time of the Assembly 
for the Counties. He was a Lawyer of great note for many 



224 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

years in which station, he acquired much reputation, par- 
ticularly in Zengers famous tryal at New York, and did 
some valuable acts for the public. 

1742. At the Election for representatives of the County 
of Philad* this year, when the electors were assembled in 
the Market place, and had just begun the choice of Inspec- 
tors, a body of Sailors supposed to be about 70 or 80 col- 
lected from several Ships in the Harbor appear'd at the 
lower end of Market street, armd with clubs and Huzzaing 
march'd up in a tumultuous manner towards the People 
who were met to elect, as they were mostly Strangers and 
had no kind of right to intermeddle with the Election & 
some ill consequences apprehended if they should be sufferd 
to mix with clubs among the Inhabitants, some of the 
Magistrates and other persons met them, and endeavour'd 
to prevail with them to return peacibly to their Ships but 
.without effect: They fell on with their clubs and knocking 
down Magistrates, Constables and all others who opposed 
them, fought their way up to the Court House, and cleard 
the place of Election — the people retiring into the Market- 
House and Second street in a kind of amaze at such unex- 
pected and unusual treatment. After the Sailors had 
triumph'd a while before the Coiu-t-House, they march'd 
off, and the people without pursuing them, continued and 
finish'd their Election of Inspectors, which was no sooner 
done, but the Sailors return'd more Numerous & furious 
than at first, fell on the people a second time, and knock'd 
down all they came near — several were carried off for dead 
and the confusion was great: Some of The Inhabitants 
losing at length all patience, furnish'd themselves with 
sticks from the neighbouring Woodpiles and turn'd upon the 
Sailors who immediately fled to their Ships, and hid them- 
selves from whence they were dragg'd out, one by one, and 
before night near fifty of them were committed to Prison, 
whence they were soon after discharg'd. It was now war- 
time & there was in the province high party work. 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 225 

1750. The begining of the Month call'd May this year 
died of an Apoplectic fit at Burhngton John Kinsey of 
Philad*. He was for the last seven years of his Life Chief 
Justice of Pennsilv* which station he went through with an 
unblemish'd integrity, and so much reputation that the 
chief of the business of the lower com-ts followed him 
there. He was many years a member & speaker of the 
Assembly of New Jersey, where he distinguish'd himself 
w*^ so much zeal and patriotism that greatly endeared 
him to the people of that Province. On his removal to 
Philadelphia in 1730, he was soon chose into the Assem- 
bly there, of which Assembly he was speaker the last 
ten years of his life successively, excepting a Month or two 
in 1740, that John Wright was chose in his Absence as 
Ambassador on an Indian Treaty at Albany. He was a 
great Lawyer, in his practice had great business and great 
success, and was sometime Attorney General. His long 
experience and great ability in the management of public 
affairs, his skill in the Laws and readiness at communicating 
his knowledge that way often without fee or reward, and 
his tenderness to his Friends with the exercise of many 
civil and social virtues made his life a very useful and valu- 
able one and his death justly lamented as a universal loss 
to these provinces. 

1751. The 3P* of October this year died James Logan 
aged about 77 years : His Life was for the most part a Life 
of Business, of which we have had a considerable account 
before : The department allotted to him in the times of the 
Lieutenant Governors Evans & Gookin, exposed him to 
much altercation with David Lloyd, then frequently at the 
head of the respective Assemblys in the capacity of Speaker 
and a large number that joind him: He stuck to what was 
deemed the Proprietary Interest, and in many interest 
exerted himself with great fidelity to it : He had borne the 
several offices of Provincial Secretary, Commissioner of 
Property, Chief Justice, and for near three years governed 

15 



226 HISTORY OF THE PROVINCE OF PENNSYLVANIA 

the Province as President of the Council. Many years be- 
fore his death he retired from public affairs to Stenton, his 
country seat, where he enjoyed among his Books that 
leisure which men of Letters so earnestly desire. He was 
well versed both in ancient and modern learning, Acquainted 
with the Oriental tongues, A Master of the Greek, & Latin, 
French & Itahan Languages, Deeply skill'd in the Mathe- 
matical Sciences, and in Natural & Moral Philosophy as 
several pieces of his writing witness, which were said to be 
repeatedly printed in divers parts of Europe, and highly 
esteemed by the Learned. He left as a Monument of his 
public spirit and benevolence to the people of Pennsylvania, 
a Library which he had been fifty years in collecting, in- 
tending it for the common use and benefit of all lovers of 
learning. It is said to contain the best editions of the best 
books in various Languages Arts & Sciences, and to be the 
largest & by far the most valuable collection of the kind in 
this part of the world. 

175L About this time died John Wright of Lancaster 
County Pennsylvania in the 84*^ year of his age, he was born 
in 1667 in the County of Lancaster in England, of reUgious 
& reputable Parents who were among the early professors of 
the doctrines held by the Quakers & lived & died esteemed 
members of that Community. He was educated with a view 
to the practice of Physick but declined pursuing it, and 
entered into Trade till the year 1714, when he removed with 
his family into Pennsylvania well recommended by Certifi- 
cate from his Friends in that part of England both as to 
His moral charracter, and as a Preacher in the Society with 
whom they had for many years lived in strict amity : Soon 
after his settlement in this Province his Principles & con- 
duct reconamended him to the notice of the pubUc, he was 
a representative in the General Assemb^' for Chester County; 
Many years one for Lancaster County. In his station as a 
Judge of this last County, He was noted for a prompt 
honest plainness & candour, and an inflexible Integrity: 



HISTORY OF THE PROVINCE OF PENNSYLVANIA 227 

In the year 1741 in the affah- of inlisting Indented Servants 
which Governor Thomas first permitted to be carried into 
practice (before the Act of ParUament on that subject was 
made) he spoke his mind in the Assembly against it with 
freedom and was dismissd from his Office as a Judge by a 
New Commission which came out for Lancaster without his 
name''. He continued to attend the Assembhes till broken 
health and advanced age rendered such attendance difficult 
& sometimes impracticable although the people among whom 
he lived from a long experience of his Services and regard 
to him would not be prevailed on by himself or his family 
to name another in his stead for that station But continued 
to return his name till he died; Through every situation in 
Life his good will to mankind, His love of peace and good 
order, and his endeavours to give them a permanent foot- 
ing in his neighbourhood, and in the Country in general were 
known to be his delight & study. His sense of religion and 
the Testimony he bore to it was free from intemperate zeal, 
yet earnest and attended with Life & Spirit influenced by 
the Love of God & benevolence to his whole creation, such 
he continued with his understanding clear, His mind calm 
cheerful and resigned to the advanced period of old age when 
he expired without a groan. 

"^ Having got notice of the intended dismission he came prepared to take 
his leave with a good grace, and accordingly made a speech to the Grand Jury 
which they requested might be made pubhc. Here take it in. N: * 

* Paper missing. Ed. 



INDEX 



Alasco, John, 192 
Allen, Nathaniel, 8 
Allen, WilUam, 222 
Alrick, Peter, 21 
Ames, William, 14 

Baltimore, Lord, 4, 12, 25, 26, 28, 30 

Barclay, Robert, 41 

Barnes, John, 24 

BedweU, Robert, 20 

Berry, William, 32 

Bezer, John, 20 

Biles, William, 20 

Binkson, Andrew, 24 

Binkson, Andros, 20 

Bishop, Benoni, 20, 23 

Blackwell, John, 26, 36 

Blunstone, John, 20, 24, 32 

Boone, Andrew, 30 

Bowcomb, Peter, 23 

Bowman, Henry, 21 

Boy den, James, 20, 23 

Bracy, Robert, 21 

Bracy, Thomas, 20 

Breintnall, David, 24 

Briggs, John, 20 

Brinkloe, John, 20, 76, 77 

Bristow, John, 46 

Brockden, Charles, 217 

Brown, Daniel, 20 

Burnyeat, John, 41 

Byllinge, Edward, 3 

Cann, John, 21, 76 

Cantwell, Edmund, 23 

Cantwell, Edward, 20 

Carpenter, Samuel, 56, 135 

Clark, Thomas, 88 

Clark, WilUam, 20, 22, 27, 36, 76 

Claypoole, James, 6, 27, 33 

Claypoole, John, 24 

Clayton, WilUam, 20, 22 

Clowes, John, 20 

Cock, Lacy, 20 

Conway, 5 

Cooke, Arthur, 33, 41 

Combury, Lord, 92, 121 

Cresaon, [Solomon], 101 

Curtis, John, 20, 24 



Darby, John, 21 
Darke, Samuel, 20, 24 
Davies, R., 41 
Dehoaf, John, 21 
DelavaU, John, 46, 222 
Denny, WiUiam, 221 
Dickenson, Jonathan, 211, 221 
Dimon, Richard, 6 
Donaldson, John, 77 
Draper, Alexander, 21, 24 
Drew, Roger, 7 

Eckley, John, 27, 31 

EUis, Roland, 214, 217 

Erskin, Jonas, 25 

Evans, Evan, 214, 217 

Evans, John, 73, 93, 97, 110, 125, 149, 

222, 225 
Ewer, Robert, 24 

Feversham, Lord, 29 

Finney, Samuel, 135 

Fishbourne, William, 92 

Fischer, John, 188 

Fischer, Joseph, 24 

Fitzwater, Thomas, 20, 22, 23, 24 

Fletcher, Benjamin, 42, 43, 44, 45, 49, 

50, 51, 52, 53, 54, 59, 61, 62, 63, 64, 

65, 66, 67, 68 
Fletcher, Robert, 214 
Fletcher, WilUam, 21 
Flower, Enoch, 23 
Ford, PhiUp, 6 
Fox, George, 40, 41 
Fox, James, 56 
French, John, 92 
French, Robert, 88 
Fuller, WiUiam, 40 

Gee, Joshua, 211 

Goodson, Job, x 

Goodson, John, 214, 217 

Gookin, Charles, 125, 127, 128, 132, 

151, 156, 157, 159, 160, 165, 167, 

222, 225 
Gookin, Vincent, 128 
Gordon, Patrick, 221 
Gouldney, Henry, 41 
Gray, Samuel, 32 

229 



230 



INDEX 



Greenaway, Robert, 9 

Growden, Joseph, 32, 46, 47. 53, 72, 

135, 159, 165, 167 
Guest, George, 19 
Guest, William, 21, 24 

Haige, William, 20 

Hall, Robert, 20, 24 

Hallowell, Richard, 76, 77 

Hamilton, Andrew, 62, 72, 73, 79, 223 

Hamilton, James, 221 

Harding, John, 20, 23 

Harrison, James, 20, 22, 23 

Harrison, Thomas, 33 

Hart, John, 20 

Hassold, Thomas, 20 

Hayes, Richard, 214, 217 

Hermon, Gasparus, 21 

Hill, John, 21, 23, 76 

Hill, Richard, 84, 92, 121, 135, 155, 

157, 167, 214, 217, 222 
Hilliard, John, 20 
Hoback, John, 187 
Hollingsworth, Valentine, 21, 24 
Holmes, Benjamin, x 
Holmes, Thomas, 19, 20, 22, 30, 36 
Hooker, Thomas, 12 
Hoskins, John, 20 
Hough, Richard, 46 
Howell, William, 24 
Hudson, William, x, 214, 217 
Humphrey, John, 31 

Irons, Simon, 20 

Jacobs, Albert, 76 
James, John, 24 
Jamison, David, 51 
Janney, Thomas, 31, 41 
Jones, Griffith, 20, 22 
Jones, Henry, 24 
Jones, Robert, x 
Jones, Sir William, 4 

Keith, William, 165, 167, 198, 202, 
203, 205, 207, 209, 212, 214, 215, 
217, 220, 221 

Keith, Sir William, 18 

King, Walter, 20, 24 

Kinsey, John, ix, x, 214, 216, 225 

Kipshaven, John, 21 

Kirkbride, Joseph, 8 

Lewis, Samuel, 46 

Lloyd, David, ix, 56, 138, 139, 153, 

155, 160, 222, 223, 225 
Lloyd, Thomas, 23, 26, 27, 28, 31, 36, 

38, 44, 93, 222 



Lodge, Robert, 41 

Logan, James, ix, 89, 128, 131, 135, 

221, 225 
Louff, Edward, 23 
Louff, John, 24 
Lovelace, Lord, 128 
Lovett, Edmund, 8 
Lucas, Robert, 20, 24 

Man, Abraham, 32 

Maris, George, 56 

Markham, William, 7, 20, 36, 67, 60, 

61, 62, 64, 65 
Martin, George, 76 
Meston, Arthur, 62 
Moleston, Alexander, 21 
Moll, John, 20, 22 
Moon, John, 20 

Moore, Nicholas, 6, 10, 26, 27, 32 
Morris, Anthony, 214, 217 
Morris, Morris, 214, 217 
Morris, Robert Hunter, 221 
Morton, William, 77 

Nicholson, Francis, 156, 157 
Noble, Richard, 20, 23 
Norris, Isaac, ix, 92, 158, 218, 223 
North, Lord, 4 

Ogle, Widow, 25 
Otter, John, 8 

Palmer, Anthony, 221 

Parsons, John, 24 

Paterson, Adam, 77 

Paynter, Henry, 56 

Peck, John, 169 

Pemberton, Phineas, 31,41 

Penn, John, 221 

Penn, Richard, 221 

Penn, WiUiam, 3, 4, 5, 7, 8, 9, 12, 13, 
14, 16, 17, 18, 19, 20, 24, 25, 26, 27, 
28, 33, 35, 36, 37, 38, 39, 41, 42, 45, 
47, 49, 51, 52, 60, 61, 62, 63, 64, 65, 
66, 67, 68, 72, 77, 78, 127, 167, 172, 
198, 205, 208 

Penn, Sir William, 4 

Phippes, Joseph, 20 

Pickering, 24 

Powell, 19 

Preston, Samuel, x, 56, 92, 217 

Pusey, Caleb, ix, x, 24, 35, 135 

Ranelagh, Lord, 60 
Raper, Caleb, x 
Richardson, John, 20, 41 
Richardson, Samuel, 56 
Roberts, Hugh, 46 



INDEX 



231 



Robinson, Patrick, 44 
Rochester, Lord, 60 
Rochford, Dennis, 20, 23, 24 
Rock, George, 113 
Rodney, William, 77 
Rouse, Thomas, 24 

St. John, H., 157 

Salthouse, T., 41 

Sands, Samuel, 25 

Schwenkfeld, Caspar, 174 

Shippen, Edward, 73, 135 

Sidney, Lord, 60 

Simcock, John, 20, 41, 46, 56, 62, 70 

Smith, Henry, 6 

Songhurst, John, 20 

Story, Thomas, 108 

Swanson, Swan, 21 

Swift, John, 56 

Talbot, Colonel George, 25 

Taylor, Christopher, 20 

Test, John, 23 

Thomas, George, 221 

Thomas, Reese, 214, 217 

Tittle, Andrias, 25 

Trenchard, John, 60 

Trent, William, 108, 113, 135, 202, 

212 214 
Turner, Robert, 24, 27, 41 



Vanborson, John, 24 
Verhoof, Cornelius, 21 
Vines, John, 23 

Wade, Robert, 7, 20 
Wale, John, 24 
Walker, John, 77 
Walne, Nicholas, 20, 24 
Warner, William, 21 
Watson, Luke, 21, 23 
Watson, Luke, Jr., 77 
Welch, WilUam, 25, 26, 27 
Werden, Sir, John, 4 
White, John, 32, 56 
Whitehead, Benjamin, 24 
Whitewell, Francis, 20, 22 
Wilhams, Hendrick, 21 
WilUams, James, 21, 22 
Windsmore, William, 20 
Winne, Thomas, 23 
Withers, Ralph, 20 
Wood, George, 20 
Wood, John, 20 
Wood, Richard, 23 
Wood, William, 26, 27 
Wright, John, 225, 226 
Wynne, Thomas, 20 

Yardley, William, 41 
Yeardly, WiUiam, 20, 41 
Yeats, Jasper, 77, 135 



Usher, Thomas, 23, 32 



Zinzendorff, Count, 175 



THE COLONIAL SOCIETY OF PENNSYLVANIA 



OFFICERS 



President, 
Hon. Samuel Davis Page 

First Vice-President, 
Abraham Lewis Smith 

Second Vice-President, 
Col. Josiah Granville Leach 

Registrar 
Gregory Bernard Keen, 

Secretary, 
Henry Heston Belknap 

Assistant Secretary, 
Aubrey Herbert Weightman 

Treasurer, 
Harrold Edgar Gillingham 



Councillors. 



Gen. Louis Henry Carpenter, 

William Brooke Rawle, 

Effingham Buckley Morris, 

Earl Bill Putnam, 

Charles Smith Turnbull, M.D., 

Henry Pemberton, Jr., 

Hon. Charles Barnsley McMichael, 

Stevenson Hockley Walsh, 

Hon. Harman Yerkes, 



Ogden Dungan Wilkinson, 

William Penn-Gaskell Hall, 

John Woolf Jordan, 

Hon. Norris Stanley Barratt, 

William Supplee Lloyd, 

Clarence Sweet Bement, 

Charles Davis Clark, 

James Emlen, 

Henry Graham Ashmead. 



MEMBERS 



Charles Yarnall Abbott, 
Richard Jacobs Allen, Jr., 
William Charles Allen, 
Duffield Ashmead, Jr., 
Henry Graham Ashmead, 
Charles Weaver Bailey, 
Westcott Bailey, 
Dr. George Fales Baker, 
George W. Banks, 



Paul Henry Barnes, 

Norris Stanley Barratt (Life 

Member), 
Clarence Howard Batten, 
George Batten, 
Frank Battles (Life Member), 
Henry Heston Belknap, 
Maurice Guy Belknap, 
Clarence Sweet Bement, 



Members Continued 



Edwabd Horne Bonsall, 
George Martin Booth, 
Newell Charles Bradley, 
Edward Tonkin Bradway (Life 

Member), 
William Bradway (Life Member), 
Clarence Cresson Brinton, 
Howard Futhey Brinton, 
Francis Mark Brooke (Life Mem- 
ber), 
Abraham Bruner, 
John Edgar Burnett Buckenham 

(Life Member), 
Reuben Nelson Buckley, 
Miers Busch (Life Member), 
Gen. Louis Henry Carpenter, 
Samuel Castner, Jr., 
Charles Davis Clark, 
John Browning Clement, 
Samuel Mitchell Clement, Jr., 
Dr. James Harwood Closson, 
Louis Ashmead Clyde, 
Col. Thomas Edward Clyde, 
Major Joseph Ridgway Taylor 

COATES, 

Samuel Poyntz Cochran, 

Charles Howard Colket (Life 
Member), 

Porter Farquharson Cope, 

Dr. John Welsh Croskey, 

George Linden Cutler, 

Dr. John C. Da Costa, Jr., 

Walter Howard Dilks, 

Murrell Dobbins, 

Francis Donaldson (Life Member), 

Edwin Greble Dreer, 

William Ashmead Dyer, 

Edgar Pardee Earle, 

George Howard Earle (Life Mem- 
ber), 

Henry Howard Ellison, 

James Emlen (Life Member), 

John Eyerman, 

Frederic N. Fell, 

Percy J. Fell, 

Stephen Blakely Fotterall, 

Howard Barclay French, 

Dr. John Edgar Fretz, 



Lawrence Barnard Fuller, 

William Warren Gibbs, 

Harrold Edgar Gillingham, 

Theodore Glenthworth, 

Foster Conarroe Griffith, 

Lorenzo Henry Cardwell Guer- 
rero, 

William Penn-Gaskell Hall, 

Hiram Hathaway, Jr. 

Paul Augustine Hendry, 

George Anthony Heyl, 

Joseph Humphreys Hinkson, 

James Donald Holloway (Life 
Member), 

WiLFORD Lawrence Hoopes, 

Logan Howard-Smith, 

Edward Isaiah Hacker Howell, 

Henry Douglas Hughes, 

Henry La Barre Jayne, 

Charles Francis Jenkins (Life 
Member), 

John Story Jenks, 

Richmond Legh Jones, 

Augustus Wolle Jordan, 

Dr. Ewing Jordan, 

John Woolf Jordan (Life Member), 

Rev. Walter Jordan, 

Gregory Bernard Keen, 

George de Benneville Keim, 

Andrew D. Keyser, 

Joseph Allison Kneass, 

Bernard Hoff Knight, 

Thomas Howard Knight, 

Albert Ludlow Kramer, 

George Henry Lea, 

Col. Josiah Granville Leach, 

Horace Hoffman Lee, 

Dr. Joseph Leidy, 

Howard Thorndike Leland, 

Lewis Jones Levick, 

Davis Levis Lewis, 

Ellis Smyser Lewis, 

George Davis Lewis, 

George Harrison Lewis, 

Henry Norton Lewis, 

Oborn Garrett Levis Lewis, 

Samuel Bunting Lewis, 

Jay Bucknell Lippincott, 



Members Continued 



Walter Lippincott, 
William Supplee Lloyd, 
Charles Ramsay Long, 
William Henry Loyd, 
Hon. Charles Barnslby 

McMichael, 
William MacLean, Jr., 
Charles Marshall, 
Samuel Marshall, 
Ulysses Mercur, 
Charles Warren Merrill, 
William McKinley Mervinb, 
Elihu Spencer Miller, 
John Rulon-Miller, 
Caleb Jones Milne, Jr. (Life 

Member), 
Caleb Jones Milne, 3d (Life 

Member), 
David Milne (Life Member), 
Effingham Buckley Morris (Life 

Member), 
Henry Croskey Mustin, 

John Burton Mustin, 

Hon. Samuel Davis Page, 

Charles Palmer, 

Alvin Mercer Parker, 

Joseph Brooks Bloodgood Parker, 

Harold Pierce, 

Henry Pemberton, Jr., (Life 
Member), 

Garnett Pendleton, 

Enos Eldridge Pennock, 

Joseph Eldridge Pennock, 

Hon. Samuel Whitaker Penny- 
packer, 

Charles Penrose Perkins, 

Anthony Joseph Drexel Peterson, 

Arthur Peterson, U.S.N. , 

Frank Rodney Pleasanton, 

Alfred Potter, 

Thomas Harris Powers, 

Earl Bill Putnam, 

William Brooke Rawle, 

Harry Alden Richardson, 

Wilbur Fisk Rose, 

Julius Friedrich Sachse 
(Honorary Member), 

Edward Stalker Sayres, 



Frank Earle Schermerhorn, 
John Loeser Schwartz, 
John Morin Scott (Life Member), 
Edwin van Deusen Selden, 
Edwin Foots Sellers, 
Frank Rodman Shattuck, 
Herbert Davis Shivers, 
Charles John Shoemaker, 
John Henry Sinex, 
John Sinnott, 
Abraham Lewis Smith, 
Alfred Percival Smith (Life 

Member), 
Benjamin Hayes Smith, 
William Elwood Speakman, 
Warner Justice Steel, 
Joseph Allison Steinmetz, 
Curwen Stoddart, 
Joseph Thompson, 
Samuel Swayne Thompson, 
Hon. Charlemagne Tower, 
David Cooper Townsend, 

Dr. Charles Smith Turnbull, 

Ernest Leigh Tustin, 

Arthur Clements Twitchell, 

Elwood Tyson, 

Dr. James Tyson, 

Theodore Anthony Van Dyke, Jr. 
(Life Member), 

Joseph Bushnell Vandergrift, 

Dr. Charles Harrod Vinton (Life 
Member), 

Stevenson Hockley Walsh, 

Charles Spittall Walton, 

Alfred Lewis Ward, 

Clement Weaver, 

Aubrey Herbert Weightman, 

Eben Boyd Weitzel, 

Ashbel Welch, 

William Caner Wiedersheim, 

Ogden Dungan Wilkinson, 

Ellis D. Williams, 

William Currie Wilson, 

Hon. William White Wiltbank, 

Hon. Harman Yerkes (Life Mem- 
ber), 

Dr. Walter M. L. Ziegler. 



PUBLICATIONS OF THE COLONIAL SOCIETY 
OF PENNSYLVANIA 

'' Charter, Constitution, By-Laws, OflBcers, Committees, Members, etc. 1896. 

Bulletin No. 1. Colonial Legislation in Pennsylvania, 1700-1712. By 
Henry Budd. 1897. 

Bulletin No. 2. The Blue Anchor Tavern. By Thomas Allen Glenn. 1897. 

The American Weekly Mercury. Volume 1. 1719-1720. Repubhshed in 
Facsimile. 1898. 

The American Weekly Mercury. Volume 11. 1720-1721. Republished 
in Facsimile. 1898. 

Charter, Constitution, By-Laws, Officers, Committees, Members, etc. 1899. 

Charter, Constitution, By-Laws, Officers, Committees, Members, etc. 1902. 

Records of the Coiu-t of New Castle on Delaware, 1676-1681. 1904. 

The American Weekly Mercury. Volume III. 1721-1722. Repubhshed 
in Facsimile. 1905. 

The American Weekly Mercury. Volume IV. 1722-1723. Repubhshed 
in Facsimile. 1907. 

Charter, Constitution, By-Laws, Officers, Committees, Members, etc. 1908. 

Record of the Courts of Chester County, Pennsylvania. 1681-1697. 1910. 

Celebration of the Two Hundred and Thirtieth Anniversary of the landing 
of William Penn in Pennsylvania, held at the Washington House, Chester, Pa. 
Saturday, October 26th, 1912, by The Colonial Society of Pennsylvania, in 
association with The Swedish Colonial Society. 1912. 



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